Legal Question in Family Law in Virginia
Stepparent's role as gaurdian.
My husband obtained sole custody of his son 8 years ago after his divorce. The natural mother has been court ordered no contact with the exception of keeping the court informed of her whereabouts until my stepson is 18 years old. I have been married to my husband for 7 years now and have always been the one to take care of any school business for my stepson.
My question is, what is the definition of a stepparent within the laws of Virginia? I know that if my husband were to die my stepson would automatically have to go back to his natural mother unless I took her to court for custody. However, since she is not allowed any contact with him through previous court order doesn't my role change to that of legal gaurdian and shouldn't a stepparent be deemed a legal gaurdian if they are married to the custodial parent? Would I be better off adopting him?
2 Answers from Attorneys
Re: Stepparent's role as gaurdian.
You would be much better off adopting the child. This will require the mother's consent, unless you petition the court to terminate parental rights of the mother. Termination of parental rights may not be so difficult to do if the court has already terminated mother's right to visitation, but I would have know the specific situation as to why the mother doesn't have vistation.
Even if you don't adopt there still may be a chance that you could acquire custody if your husband were to die. You would have to petition the court for custody and you would have to show that the best interest of the child is to remain with you. While this isn't easy by any means, you seem to have (given the limited facts in your post) a strong case if the court has terminated her visitation. Again, however, I would need more facts.
If you have any questions please call me at my office at 301-652-0663 or 703-598-9220.
Re: Stepparent's role as gaurdian.
Bottom line, you would be better off adopting your stepson. Natural mother may give her consent. If not, the no contact order should help completing the adoption without consent by termination of her parental rights.
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