Legal Question in Family Law in Virginia

Re: nonparent custody

I'm not sure I understand the facts of your case. Are you asking if you can adopt the child with the biological mother? Are you still with the mother and wondering whether you will have a right of visitation if you two separate?

If you are wondering whether you can adopt and you are married to the mother the answer is yes and the easiest way to do that is to have the bio dad consent. There are ways to do it without his consent.

If you are wondering whether you have a right to visitation should you no longer remain in a relastionship with bio mom, then that is a more complex case but certainly you have a right to petition the court to request visitation since you have been the only father figure this child has known. If you can show that you have a bond with this child and the child has a bond with you and that it is in the best interest of the child to continue a relationship via visitation then you may be awarded visitation. I would really have to speak with you, however, to fully answer your questions because I would want to make sure I have know all the facts to advise you properly.

Feel free to call my VA office at 703-968-3974 or MD office at 301-652-0663.