Legal Question in Family Law in Virginia

visitation/adoption

My husband has primary custody of his son. A court order was set in Virginia but we now reside in WV. I accept full responsibility for my stepson. As a matter of fact, I generally refer to him as my son. And he only refers to me as mom. His real mother will go through huge spurts of lack of communication, visitation, and paying court ordered child support. We want her to give up her rights to me but she is reluctant. An example of her violation of visitation is she was ordered (at her request) to pick our son up the day after school let out and we would pick him up from her right before his football began (sports are his passion). She hasnt called in several months to check on him or say hello, much less arrange a pick up. School let out the end of May. We hate that our son is dissapointed continually but we know it is best that she limit her contact anyway. Can we use this as leverage for adoption on my behalf? Or if we persue legal action will it only back fire and have the courts enforce ordered visitation?


Asked on 6/16/07, 8:58 am

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

Re: visitation/adoption

Hard to say whether the conduct you've attributed to the boy's biological mother would be found sufficient by a court to terminate her parental rights in an adoption proceeding initiated by you as the boy's stepmother.

You might wish to arrange for a consultation regarding this issue with a local attorney who is knowledgeable regarding adoptions in the jurisdiction where the matter would be adjudicated and who should be able to advise you, accordingly.

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Answered on 6/21/07, 8:36 am


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