Legal Question in Family Law in Virginia

My wife and I have been married for over a year. She has a 6 year old daughter from a previous marriage. The core issue, amongst many, for their divorce was drug use by the father. He refused a court requested drug test during their divorce proceedings. As a result, she was awarded full custody of the daughter and the court noted in the record his refusal as a "positive test" in the eyes of the court. He has no custodial rights. He was further ordered to pay child support in the amount of $500 per month as well as the child's health insurance. On several occasions he has made the decision to stop paying child support and health insurance, which on one occasion resulted in a show cause being issued and the judge ordering him to pay the balance due on the spot even before leaving the court room.
Initially, in an effort to maintain a peaceful relationship, we have made every effort to provide access to the birth father and his extended family, however, the father has again not taken advantage of this and in fact has seen his daughter less than 3 times over the last year and not at all since Februrary of this year. Furthermore, approximately 6 months ago he quit his job (not terminated) as the sole proprietor of an insurance agency and approximately 4 months ago essentially fled the state to South Carolina.

It has been 4 months since he moved and has refused, after at least 10 requests, to provide his new address and contact information. We have asked his parents at least every few weeks for his address and contact information and they have refused to provide it. He did not notify the state (including child support enforcement (CSE) or the DMV) of his move and new address. He stopped paying child support and the court ordered health insurance, but willfully lied when asked about the health insurance stating that the child was still covered. CSE issued an order to him to pay his past due child support or face suspension of his drivers license within 30 days. His parents told the Sheriff who delivered the notice that he no longer lived there (Amherst, VA - his parents house was his last official known address) and that he had moved to SC, but refused to provide an address to them. CSE has since stated to us that they can not (or will not) proceed any further and can take no further action against him because they don't know his address. He continues to avoid any correspondence from CSE or efforts by them to contact him.
My wife and I would like to pursue adoption of our daughter. We have made every effort to contact the birth father and compel him to comply with his court ordered obligations as a minimum but he has refused every effort. If he continues to hide from the state and from his obligations, at what point has he committed abandonment / desertion? What is our best course of action to pursue adoption?
At what point does he forfeit is parental rights?
Can we serve him notice to his last known legal address (signature of recipient required) of our intent to adopt?
What other requirements are there for us to proceed with adoption?

Asked on 8/11/11, 1:17 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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I would advise you to arrange to consult an attorney who handles adoption

matters in the Commonwealth and who should be able to deliver competent

advice in the matter desribed, specifically, as to how you might go about

obtaining a step-parent adoption in these particular

circumstances

I would further advise that you not attempt to handle this matter

on your own without first obtaining the advice of competent counsel

as described above.

Answered on 8/12/11, 7:18 am

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