Legal Question in Family Law in Virginia
Hello. I have 2 children from 2 previous marriages. Child #1 is 9 years old. His father and I divorced when he was about 9 months old. Father has not been physically involved with the child from this point on with the exception of 5 or 6 times where he happened to be at the same place where his family had taken my son for visiting. The court had granted him supervised visitation. His side of the family has not been involved for about 4 years now. He only pays child support because it is garnished from his paycheck. Child number 2's father walked out on us when she was 10 months old. He has not made contact with us since, nor has he paid any support or done anything for her since then. She is now 6 years old. I am now re-married to a wonderful man who I also have a child with. We have been together several years, but have only been married for 2. The child is a little over 1 year old. My husband is active duty military. Loves the older 2 as his own and wants to legally adopt them. Reasons being so they can legally be his children, if something should happen to me, the kids can all remain together- and because the biological dads are not involved, and we are concerned about passports and other issues with him being military if we have to travel. I have sole custody over both of the older children. The first ex only has supervised visitation. The 2nd has regular visitation but has never acted on it. The original divorce/custody papers were filed in Cook County, IL. I am now living in Virginia and have been since August 2008. What can I do to enable my husband to adopt my children? Can I file in VA or do we have to be in IL? I do not have contact with the biological fathers and I wouldn't know the first place to look, as they have moved around and never updated their info. Also- how much would all of this legal stuff cost? Please help. Thanks for your time.
1 Answer from Attorneys
Given the situation described, you would seem well advised to arrange for
a consultation with an attorney in your area who handles adoption matters
and who can specifically inform you as to how stepparent adoptions are handled
in the Commonwealth, the costs likely involved, and how legal notice of such adoptions is given to the fathers who have seemingly disappeared, and answer as well the many other questions that you may have.