Legal Question in Family Law in Virginia
My stepdaughter (15) has asked for me to adopt her. My husband has full legal and physical custody currently and she has only seen her mother 2 times in the last 18 months. How do I proceed? Do we need her mother to sign over rights before I can adopt? If so where do I start that process?
2 Answers from Attorneys
First find out from the mother of the child whether she would be agreeable to
your proposed adoption. If so, then arrange to consult with an attorney
who handles adoption matters and who should be able to explain in
further detail what would be involved in your particular case as an
adopting step-parent of this particular child.
Note: if the mother for whatever is not agreeable to this adoption, the fact
that she has had apparently only limited contact with the child is unlikely to
be found to be a sufficient basis to terminate her parental rights.(Many more
adverse facts disfavoring her continued parenthood of this child are very likely
to be required.)
Will the mother consent? Can you obtain her signature on consent form? Is the mother competent? Do you know where she is located? Adoption is a complicated process. This type of adoption is easier than in some other situations. It is also a long process. Good luck.
Attorney Sheryl Shane. Web: www.sherylshanelaw.com.