Legal Question in Family Law in Virginia
Question on a possible step parent adoption....
Hello and thank you for taking the time to read this. My wife has 2 sons from a previous marriage and we wanted to get some information or guidance on what we should do with our situation. The biological father has been out of the picture for about 4 years and wants to sign over his rights. He has no interest in seeing or talking to his children and just now, because of some recent visits to the court, has just now started to pay the child support. He's currently 14k behind. My question is, is it faster and easier to have an attorney write up the documents to sign his rights over, or go through a step parent adoption? Also which is typically less expensive. We are wanting to do this asap. I love the boys very much and want to do what's best for everyone in this situation. If there are any family law attorneys out there that would like to provide this service..please contact me.
Thank You!
Also, the biological father is in Texase and we are located in Virginia. He has also consented to the signing of the parental rights and emails me at least once a week to do this.
3 Answers from Attorneys
Re: Question on a possible step parent adoption....
The stepparent adoption process is pretty straightforward where the birth parent has given his consent. Many of us who practice in the family law area have done such adoptions.
If the original custody was decided under Texas law, there may be some question of whether the child support arrearage can be bargained away -- i.e. whether he would still have to pay the arrearage.
Re: Question on a possible step parent adoption....
The easiest(some times the only way) way to terminate a parent's parental rights in the Commonwealth is to do it in conjunction with an adoption proceeding. The petition to terminate the parental rights of the legally responsible parent(in this case the father) is first filed in the appropriate Juvenile & Domestic Relations District Court. If there's an appropriately executed consent by this legally reponsible father, that will smooth matters along. Then once, this father's parental rights with respect to the subject child(ren)have been legally terminated, the adoption petition can then proceed.
Re: Question on a possible step parent adoption....
As long as you are able to obtain the biological father's consent, I would advise proceeding via stepparent adoption.
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