Legal Question in Family Law in Virginia

I have a child that I have guardianship over, she has been with me since she was a day old, she is now 15 months. Her mother has 2.5 more years to serve. What are the chances of me petitioning to adopt her and getting her? She also has 3 other kids who were taken by SS and placed with foster parents in the family. I am trying to let her be the one to sign over her rights and not have to take her to court, but if I need to I will. We have spoke and I have told her that I would like to adopt her, but I don't think its something she wants to do. If she would sign the baby over to me would that hurt her chances of getting the other children back?


Asked on 4/05/10, 9:43 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

FYI, parents in Virginia do not "sign over their rights" to children by signing a piece of paper declaring that to be their intent(even one that is notarized); only a court or proper jurisdiction has the authority to terminate parental rights and to assign or establish such rights in some new person whom the court has determined would be in the subject children's best interests.

As to whether you would be adjudged as such a person by a court required

to rule on such a matter, I haven't the faintest idea.

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Answered on 4/10/10, 10:32 am


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