Legal Question in Family Law in Virginia

Nonparent has custody 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?


Asked on 11/11/07, 9:46 am

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

Re: Nonparent has custody wants to adopt.

There is no waiting period of which I am aware which is a precondition to filing a petition for adoption in the Commonwealth. Common sense, however, would suggest at least six months in your case, particularly, in view of the fact that you're not a relative of the subject child.

You would also be well advised to schedule an appointment for a consultation with an attorney who is knowledgeable and experienced in doing adoptions in the Commonwealth who should be able to advise you further in this matter.

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Answered on 11/11/07, 10:25 am


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