Legal Question in Family Law in Virginia
My Daughter
If someone has custody of a child belonging to someone else can the person that has her adopt her after having custody of her for one year?
2 Answers from Attorneys
Re: My Daughter
Only if a court of proper jurisdiction approves the adoption. (The mere fact that a person has had physical custody of a particular child for a year in no way signifies that the child would be automatically adoptable by this person.)
Re: My Daughter
Q: Adoption of custodial minor
A: Whether you have custody or not, adoption is a legal process with specific procedures. The first step is to divest the natural parents of their parental rights. This must occur in the Juvenile and Domestic Relations Court. Once the parents are divested of their rights, the adoption process must happen in the Circuit Court. You cannot do this yourself. Hire a good adoption attorney and they will know how to proceed.
Good luck.