Legal Question in Family Law in Virginia
If My husband recent gain sole legal custody of his daughter because the birth mother had abandoned her for almost 3 years now, can I easily file for stepparent adoption? When we went to court last time for sole custody, we had tried locating her but shes no where to be found. How should I file for adoption and how complicated will it be? Will they still do a home study like I read online with my husband consent only? Please advise. Thanks!!
2 Answers from Attorneys
If at all possible, you should hire an attorney who handles adoption matters
who can guide you through the process involved in a step-parent adoption
in the Commonwealth. (If a diligent search has been made for the birth mother,
the fact that she cannot now be located to be properly served with notice of the
adoption, should not be an impediment to its completion.)
I agree that you should have an attorney for the adoption, though it is possible to purchase adoption forms online. You can google "virginia stepparent adoption forms" to find possible places to purchase. I am not familiar enough with any of these companies to make a recommendation.
The court is not required to have a home study in this case, and it can also waive certain other requirements of the adoption.
As you are not able to locate the birth mother, you will probably need to notify her by an Order of Publication. If you purchase a kit, be sure that it includes the Order of Publication.
Remember that you can contact the Virginia Lawyers Referral Services to obtain an initial consultation with an attorney at a very reasonable set fee, and I would suggest that as a starting place for you.
Good luck.