Legal Question in Family Law in Virginia

uncontested adoption

Right now I full custody of my 4 year child. My ex-husband is not able to exercise any of his parental rights for my child until he is met prearranged conditions per our separation agreement which he signed during our divorce. It has now been over a year and he not met any of those conditions which include, drug rehab, anger management, and retain a job for 6 months and proof must be sent to me and the court. Then there are conditions of when he can seek visitation, which include he may not take the child out of school or keep him from taking part in any after school activity that he wishes to take part in. Well it has been over a year since the divorce was finalized and there has been no attempt to complete any of these task. I have no number or mailing address for my ex and there has been little to no contact from him towards my son. My current husband wishes to adopt my child and we were wondering since my ex does not have any parental rights is it possible to do an uncontested adoption?


Asked on 1/20/09, 2:23 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: uncontested adoption

You are quite mistaken; the father of this child very much has his parental rights intact until a court of proper jurisdiction sees fit to terminate them.

If your current husband wishes to initiate a step-parent adoption proceeding of this child, the biological father of the subject child must be given the required legal notice in order to contest it if he so chooses.

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Answered on 1/21/09, 12:28 am


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