Legal Question in Family Law in Virginia
Bi-State Adoption Question
Background: I am active duty US military, and met my wife and four step-kids (now 10-15 yrs) from TN about 4 1/2 yrs ago, when I was legally separated, and she was also separated (no legal documents). After our divorces were finalized, we married in mid-1999. Her divorce was essentially an enullment, as we discovered the ''husband'' was still legally married to another person, which rendered her marriage to him void. All four kids were born during her period of ''marriage'' to that man. Three of the kids have his name on their birth certificates, one does not. We now live in VA, and I am looking for the best option(s) to legally adopt all four children.
My wife's relationship with this person was abusive, and as such she does not wish any restitution from him. Is there a route to accomplish these adoptions with little/no contact with the biological father? What State's law will we fall under, TN, VA, or possibly NY (my legal State of residence)? Bottom line - what are our best option(s)?
Thank you!
3 Answers from Attorneys
Re: Bi-State Adoption Question
I agree with the comments in the two answers already posted. On a practical level, since you are in the military, your JAG may be able to point you in the right direction and help cut down on the time the lawyer you hire has to spend moving this forward. In addition to speeding things up it may save you a bit in fees.
Re: Bi-State Adoption Question
I will only attempt to state the first question I would ask but there are many others.
What exactly has been the relationship of these "infants" to the biological father? Does he vitit them, contact them, support them, etc.?
Re: Bi-State Adoption Question
An adoption proceeding, whether in the Commonwealth of Virginia or elsewhere will
always require that the biological parent(s)of the
children who are the subject of the adoption be
informed and either their informed consent
to the adoption obtained or proper notice must
be given to them regarding their right to
contest the adoption. If the whereabouts of
the parent(s)is not known, a diligent search
for him or them must be undertaken to locate
them, and, if not successful, a notice posted
at the courthouse.
If the children are residents of Virginia, the
adoption action would be filed here.
Regarding your reference to the "annulment"
of your wife's previous marriage, this matter
requires a ruling from the court and not mere
supposition on your part as to whether her prior
marriage was actually annuled.
I would advise that you consult with an attorney
knowledgeable in family law matters before you
proceed any further.
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