Legal Question in Family Law in Virginia

Step-Parent Adoption

My son is 7 and will marry in the near future. I would like my future husband to adopt my son. My son's biological father, my ex-husband, has not seen him since Jan. 2002, is about $10k or more behind in child support and rarely calls. I am keeping a log of the calls, which equals to about one call per month, sometimes the length between calls has been as long as 3-4 months. By the time I remarry, I will have a record of at least 2 years worth of contact or lack there of on my ex's part to be active in our son's life. Will the information that I have be a good enough to build a case for an adandonment?

I know that he will have to be notified of the adoption request and will probably fight it. But if I can show proof of abandonment, will what I have be enough or do I have to do/show more? He has moved and has not provided a new address and has not attempted to provide one. The only address available is his mother's residence. My son and I do stay in contact with her, my ex-sister-in-law sister and a cousin from his side of the family. As for me, I have resided at the same address, so there is no excuse why he has not stayed in better in contact with our son.


Asked on 9/14/05, 12:12 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Step-Parent Adoption

Your son is getting married at age 7?? How old is the lucky bride? Have you contacted the Guinness Book of World Records?

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Answered on 9/14/05, 12:44 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Step-Parent Adoption

In your case adoption is a long two step process

First you must file a petition in the juvenile and domestic court where the child lives to DIVEST the father of his parental rights. This is where all the bad evidence comes in. All the things you cite are good, non payment of support, non contact and if available, evidence of actual harm. He will fight it but he will have to justify his bad acts. If he is divested, your husband could then be vested with temporary custody. This must last for six months before you can apply to the circuit court for adoption. The adoption process is separate and includes involving the Department of Social Services and statutory counseling for the parties involved.

You need a good lawyer to accomplish either prong.

Good luck.

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Answered on 9/15/05, 7:46 am


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