Legal Question in Family Law in Virginia
Adoption without my knowledge?
My ex wants her current fiance to adopt my children and have me taken out of the picture. She has been keeping them away from me for quite some time and we have been in and out of court several times. I know that she plans on getting married next year and wants to have this guy adopt them. From my understanding I would have to sign over my rights (which I refuse to do) or have them taken away. I know that she is sneaky is there anyway that she can have them adopted without my knowledge. I just have a feeling she would lie and say she does not know my whereabouts or something of that nature. Do I have anything to be worried about. I pay child support and have joint legal custody. I am ordered to have visitation but once again she has denied visitation so we will be back in court again for that. I do not believe she can have them adopted without my permission on knowledge.
2 Answers from Attorneys
Re: Adoption without my knowledge?
She cannot without your consent. You are a joint legal custodian. You pay child support. Excerise your visitation when required. If she refuses to make the child available to you for visitation, address the matter with the court. I would not be terribly worried.
Re: Adoption without my knowledge?
She would have to either obtain your consent or have you served with the Petition for Adoption and notice of any hearings. She could avoid this if she swore under oath that she did not know your whereabouts, but doing so falsely would constitute perjury and fraud on the court. If you pay child support and are involved in legal disputes regarding visitation it makes it harder for her to deny that she knows where you reside. Just be sure to keep her updated if you move. One important thing for you to do is to exercise your visitation rights (and to do what is necessary to exercise your visitation even when she denies you access even if it means going to court). A court may grant an adoption without a parent's permission if that parent goes too long without exercising visitation and/or contacting a child.
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