Legal Question in Family Law in Virginia
Stepparent Adoption
I am getting re-married in July. My fiance has been a father figure for 3 years already. My children's bio father has had no contact with them in 4 years, and has paid no child support for one year (DCSE is taking him to court for contempt.) A couple questions: How soon after our marrige can we petition for adoption? I doubt if my ex will sign relinquishment papers, since he has yet to sign anything he isn't forced to. Will that be a major or minor problem? If he does contest it, given the non-contact and non-support, would a judge most likely rule in our favor or not? Is he considered to have abandoned his children at this point? Thanks!
2 Answers from Attorneys
Re: Stepparent Adoption
If your former husband decides to contest the matter, any judge presiding over your fiance's petition for adoption would have to be fully persuaded by clear and convincing evidence that the children's biological father is no longer fit to continue as their parent and that, correspondingly, your intended should be deemed worthy of assuming that position as the children's legal parent.
It will likely take more than just a history of noncontact and nonsupport to convince such a judge that the father's rights as parent of your children should be legally terminated.
Re: Stepparent Adoption
The Virginia Code sets no time limit for filing the adoption petition. The previous answer is correct, but a lot will depend on the judge who hears the case. Depending on the age of the child, a four-year period of non-contact could lead the judge to grant the adoption. Testimony from a child bonding specialist could have an impact in the case.
You would be well served to talk to an experienced adoption attorney in your county/city who can tell you what is likely to happen in your courtroom.
Good luck.
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