Legal Question in Family Law in Virginia
Revoking partental rights for a stepparent adoption
My daughter's bio-father has not seen her in over 3yrs, he does pay the minimum child support of $65, they dock his paycheck... My husband who has been her ''daddy'' since she was very young wishes to adopt her. He and I do have full custody of her. Her bio-father has not even requested visitation... He will not consent to the adoption. What are our chances of having the bio's rights revoked?
1 Answer from Attorneys
Re: Revoking partental rights for a stepparent adoption
Without the biological father's consent to the step parent adoption, your chances for having your new husband adopt the child are not as favorable as they would be if you had his consent. You would need to have a full hearing on the matter in which both sides (you and your new husband and the child's biological father) would present evidence on what is in the child's best interest. The court would make a decision based on the best interest of the child.