Legal Question in Family Law in Virginia

Re: Adoption or claim paternity

If he were to adopt your child, your current husband "would not be stepping up to claim paternity" as this perogative, when it's honestly exercised, belongs exclusively to the biological

father.

Nevertheless, this would not be an impediment to

his adopting the child. The two of you should consult with an attorney who handles adoptions.

The attorney will prepare and file the necessary paperwork which will include proof that a diligent search has been conducted for the biological father, and ,also, that he has been

given the obligatory notice of the impending

adoption proceeding, most likely through some form of what's called constructive notice posted somewhere in the local courthouse.

Then, when the required waiting periods have expired, a hearing can be convened in which the judge may sign the FINAL ORDER OF ADOPTION.

Then your husband will be able to claim something more important than the mere paternity of the child; that, indeed, he is the child's legal father----with all the rights and responsibili- ties that go with that special status.

Re: Adoption or claim paternity

Your husband can still adopt the child but you do have to jump through a few more procedural hoops to do so because you don't know where he is.

This is the kind of case that really does require an attorney. Your attorney will draft all the necessary petitions and conduct the adoption hearing. The necessary petitions will include attempting to notify the father that an adoption is pending and there are various ways of doing so (mailing to known relatives, posting at the courthouse, mailing to last known address).

As I am sure you are aware, if your husband adopts this child the bio dad will have no obligation for support (if you have not already obtained a child support order). You could get a child support order against him and if you ever find him he will be in arrears and always owe you that money. That being said it sounds as if the right to make legal decisions is more important than money. If so, I urge you to contact an attorney so that you can make sure this is done without error.

Good luck to you.