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Virginia Adoption Questions & Answers
0 Answers | Asked in Adoption for Virginia on
Q: A child was adopted in Virginia and the birth mother fraudulently did not list the biological father.

Decades later he died without a will. Child claims fraud in order to inherit estate that was to be divided amongst relatives. He got no notice of adoption due to fraud so adoption wasn't legal. Is this possible 37 years later?

1 Answer | Asked in Immigration Law and Adoption for Virginia on
Q: I adopted my Grandson in 2004 and he was born in Canada. We are now having trouble getting a proper ID for him.

He has a social security number. I was assured that he could get a US birth certificate after adoption, but so far, only a Canadian one is provided with the name change. Can you guide me to further steps? He is living in Florida, where the adoption took place. I am living in Virginia

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Nov 9, 2021

This question has several aspects to it. You should gather all the documents and urgently speak with a family lawyer and an immigration lawyer.

Justia has a lawyer directory and also the American Immigration Lawyers Association has a directory on their site.

1 Answer | Asked in Adoption, Family Law and Child Custody for Virginia on
Q: A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son.

A friend of mine just passed away and in her will she stated that she wanted me to take guardianship of her son. His dad passed away 2 months after he was born. I was wondering if her sons grandparents can fight for custody or if a judge will honor the will

Michael Christopher Miller
Michael Christopher Miller
answered on Mar 26, 2020

At the end of the day, the court decides matters on the best interests of the child. The will would guide the court, but not determine the outcome.

The grandparents could contest the provision and seek custody. A judge would then decide between you and the grandparents.

1 Answer | Asked in Adoption for Virginia on
Q: VA stepparent adoption: child 14 never knew bio dad. No support no visitation no contact 14yrs can stepparent adopt?

Bio dad not on birth certificate. No paternity, not on father registry. How can prove abandonment and not need bio signature? Don't want to contact

Michael Christopher Miller
Michael Christopher Miller
answered on Feb 20, 2020

Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.

Stepparent petitions for adoption. The bio parent/spouse joins the petition to indicate their consent.

Va. Code § 63.2-1202. Parental, or agency, consent required; exceptions.

Consent is...
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1 Answer | Asked in Adoption for Virginia on
Q: What forms do I need to file a step parent adoption in Virginia
Michael Christopher Miller
Michael Christopher Miller
answered on Jun 18, 2019

A petition and draft order will get you started.

See Va. Code § 63.2-1241. Adoption of child by spouse of birth or adoptive parent.

1 Answer | Asked in Adoption and Child Custody for Virginia on
Q: My nephew is under the care of his great grandparents. I want to petition for custody

Both great grandparents have multiple medical issues. My nephew's father resides in the home, has multiple drug and assault charges, and has child neglect charges on the child. My nephew's father's brother also resides in the home, and was driving the vehicle resulting in my... Read more »

Sharon R. Moss
Sharon R. Moss
answered on Oct 22, 2018

As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.

1 Answer | Asked in Adoption, Immigration Law and Civil Rights for Virginia on
Q: If my father is Puerto Rican citizen am I?

He had his rights terminated when I was 3 or 4, but does that change my legal status?

Carl Shusterman
Carl Shusterman
answered on May 6, 2018

You need to discuss this with an attorney who is familiar with the law in Puerto Rico.

1 Answer | Asked in Family Law, Adoption and Estate Planning for Virginia on
Q: Is a child who has been adopted by her mother's new husband, entitled to her biological father's assets if he has died?

The biological father was not present for the petition to adopt the child. He could not be located, and he was not allowed to see the child for personal and back child support payment before the adoption. He passed away recently. All he had was a motorcycle and a few personal pocessions. We,... Read more »

Michael Christopher Miller
Michael Christopher Miller
answered on Feb 9, 2018

The adoption should have terminated the parental relationship between the child and bio parent.

If there is no will, then property distribution goes by law. There would be no child due to the adoption of the deceased parent to receive property.

If the deceased parent made a will,...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Virginia on
Q: Can I be granted custody/adoption if I’m a nonbiological parent?

like my own.

Michael Christopher Miller
Michael Christopher Miller
answered on Feb 6, 2018

Yes.

Va. Code § 20-124.2

"B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in...
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1 Answer | Asked in Adoption for Virginia on
Q: Started adoption process for private adoption. Been searching for 4 years for the birth mother to go to court. How long

Wife and I entered into an adoption agreement with birth mother. We got him at 6 days old. After a week the mother wanted baby back. We took it to lawyers office and he sent us to CPS. The social worker told us under no circumstances are we to give the child back. There are possibilities the child... Read more »

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Feb 5, 2018

Locating a new lawyer may be in order, as there are certainly methods for locating a birth mother that a lawyer can utilize known as "skip tracing." Find a lawyer who knows the term and how it works.

1 Answer | Asked in Family Law, Adoption and Child Custody for Virginia on
Q: If my wife adopted my child and we get divorced can she take them from me
Michael Christopher Miller
Michael Christopher Miller
answered on Jan 24, 2018

An adoption confers on her the legal rights and responsibilities as a parent.

Va. Code § 20-124.2 says "B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact...
Read more »

1 Answer | Asked in Adoption and Juvenile Law for Virginia on
Q: how do I give my fiance parental rights to my son?

my son's biological father isn't listed on BC and hasn't been involved with me since before my son was born

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 20, 2018

Adoption. The most preferred method would be an agreed step parent adoption. Biological father is entitled ot notice, and if biological father does not agree, you will need to have a child and prove that termination is in the child's best interest. These are hard cases, and mere abandonment... Read more »

1 Answer | Asked in Adoption for Virginia on
Q: what do i have to do to adopt my girlfriends son his biological father never signed birth certificate

biological father got her pregnant then went to jail hes seen his son once since he was born 3 years ago and ive been with her since she was 3 months pregnant

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 1, 2018

Since the biological father is in jail this process is likely to be long and complicated. Biological father is entitled to have a Guardian ad Litem appointed to represent his interests if he is in jail on a felony. Additionally, it will be a contested hearing whereby you will have to overcome a... Read more »

1 Answer | Asked in Family Law and Adoption for Virginia on
Q: My boyfriends siblings were recently taken away from their mother by CPS. What are the requirements for us to get them?
Gary D. Godman
Gary D. Godman
answered on May 2, 2017

CPS/foster care cases can be long and involved. Contact the local DSS to let a worker know you are family and you are interested in taking custody of the children. DSS is required to look into family placements at certain stages of the process (though not required to make such a placement if it... Read more »

1 Answer | Asked in Adoption and Family Law for Virginia on
Q: I have a 4 year ol grandson. My daughter is not married to the father but they live together. I know they both do drugs.

They are living in a house that is not safe has holes in floor and walls kitchen floor is ready to call in has mold due to water leak under the house. Yard has so much trash he cant go out and play. I gave them a playset 2 years again they never put it up for him. I want to get custody of him.

Steve Miyares
Steve Miyares
answered on Apr 18, 2017

You did not ask a question. However, if you are seeking to get custody then you should consult with a family law attorney in the local jurisdiction to discuss the facts and circumstances of your particular situation.

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Virginia on
Q: My 16yr old daughter wants to change her last name to her step father's name. Her father refuses to let her.

When she was 13 she started refusing to see him because she didn't like how he treated her. He never tried to see her or fix the relationship. He's in Maine we moved to VA almost 3yrs ago. He came to VA last yr for a week saw her for 2 hrs then refused to come see her again it broke her... Read more »

Steve Miyares
Steve Miyares
answered on Apr 18, 2017

Once your daughter turns 18 she is legally competent to change her name and will not need any parental approval to do so. Once she reaches her 18th birthday then she can retain an attorney to have her name legally changed regardless of what her biological father says.

1 Answer | Asked in Adoption for Virginia on
Q: I have full custody of my child & My husband wants to adopt her. Where do I begin?

The biological father is not in her life& there is a child support order set up that I have not seen a dime of. Biological fathers name is on the birth certificate. I just have no clue where to begin.

Gary D. Godman
Gary D. Godman
answered on Feb 20, 2017

There is one important question - does bio dad agree or disagree with an adoption? The answer will help give a clearer idea of the time and effort involved. You'll probably want to at least talk with a local family law / adoption attorney who knows the court in your county and is familiar... Read more »

1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Adoption for Virginia on
Q: When I was 12 I took my adoption father to court/put him in jail for raping me over the years and..

My adoption mother bailed him out the same night he got arrested. Over the years, the case wasn't going anywhere and I was convinced by them to drop the charges and come home. Eventually I did and it didn't get better. I'm 23 now and I'm not being raped but I'm sexually... Read more »

Gary D. Godman
Gary D. Godman
answered on Apr 13, 2016

There doesn't appear to be any reason why you couldn't call the police or go to the magistrate for the ongoing situations (sexual battery) and/or stop going to that home and keep your child out of that home. You may want to get a consultation with an attorney to make a safety plan. Stay safe.

1 Answer | Asked in Immigration Law and Adoption for Virginia on
Q: question in regards to adoption.

I am from Bangladesh. I was adopted by my uncle (mother’s side) who is a US citizen and brought into USA. First my uncle applied for legal guardianship in Bangladesh and finally I was adopted in USA. Now, I have a younger sister (biological) in Bangladesh. She is 23 years old. Is there way I can... Read more »

Shan Dimitris Potts
Shan Dimitris Potts
answered on Feb 12, 2016

If you are US citizen you might be able to sponsor her for a green card, but she will have to wait until her priority date becomes current which may take more than 10 years. Talk to an immigration attorney regarding this situation. Many immigration attorneys including me offer free consultations,... Read more »

1 Answer | Asked in Immigration Law and Adoption for Virginia on
Q: Adoption and tourist visa while waiting on two years (grace period).

I am a US citizen and willing to adopt a child abroad from Pakistan {non-hauge convention country}.According to law i have to take over the child for two whole years before i can apply for him to come over to USA. What is the possibility for me to bring my adopted child as tourist while i am... Read more »

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 18, 2015

In order to bring someone to the United states you will need a visa for that person. Talk to an immigration attorney first to find out what options work for you. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed...
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