Legal Question in Family Law in Virginia

If the court is shown why it is in the best interests of the child, an uncle can adopt his nephew. It would be very significant if both parents agree, in writing.

The parents would NOT have to be declared unfit, but the Court would need to be shown why it is best for the child. For example, if the parents are unwilling or unable to raise the child and the uncle can do so this would be significant. More than likely the reasons why this is being considered are reasons that would probably persuade a judge that it is a sufficient reason to make the change.