Legal Question in Family Law in Virginia
Nonfamily wants to adopt.
I have full physical custody and joint legal custody (with her mother) of a 12 month old. I am not a parent. I got court ordered custody when the baby was 4 months old because her mother (who used to work in my office) was in jail, otherwise the baby would have gone to social services. The father is unknown. The mother stayed in jail until the baby was 10 months old. Then she lived with me and my husband the baby and our 3 kids for a month. She started using drugs again and I had to ask her to leave my home. She left the baby here of course. She has been gone with no contact whatsoever for over a month. We do not even know how to get a hold of her. We would like to adopt the baby. How long without contact from her do we have to wait before we can adopt?
2 Answers from Attorneys
Re: Nonfamily wants to adopt.
While normally consent of a parent is required, you may petition for adoption if she does not have any contact for at least 6 months. Because of the nature of this undertaking, the difficulty in locating the mother (which may require notice by publication), and the absence of the father I strongly advise that you contact an attorney to fully consider the facts of your particular situation, and your possible options.
Re: Nonfamily wants to adopt.
While normally consent of a parent is required, you may petition for adoption if she does not have any contact for at least 6 months. Because of the nature of this undertaking, the difficulty in locating the mother (which may require notice by publication), and the absence of the father I strongly advise that you contact an attorney to fully consider the facts of your particular situation, and your possible options.
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