Virginia Adoption Questions & Answers

Q: My nephew is under the care of his great grandparents. I want to petition for custody

1 Answer | Asked in Adoption and Child Custody for Virginia on
Answered on Oct 22, 2018
Sharon R. Moss' answer
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.

Q: If my father is Puerto Rican citizen am I?

1 Answer | Asked in Adoption, Immigration Law and Civil Rights for Virginia on
Answered on May 6, 2018
Carl Shusterman's answer
You need to discuss this with an attorney who is familiar with the law in Puerto Rico.

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?

1 Answer | Asked in Family Law, Adoption and Estate Planning for Virginia on
Answered on Feb 9, 2018
Michael Christopher Miller's answer
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, then the child could receive property depending upon the provision in the will.

Q: Can I be granted custody/adoption if I’m a nonbiological parent?

1 Answer | Asked in Family Law, Adoption and Child Custody for Virginia on
Answered on Feb 6, 2018
Michael Christopher Miller's answer
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 the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the...

Q: Started adoption process for private adoption. Been searching for 4 years for the birth mother to go to court. How long

1 Answer | Asked in Adoption for Virginia on
Answered on Feb 5, 2018
Matthew Lane Kreitzer's answer
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.

Q: If my wife adopted my child and we get divorced can she take them from me

1 Answer | Asked in Family Law, Adoption and Child Custody for Virginia on
Answered on Jan 24, 2018
Michael Christopher Miller's answer
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 with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of...

Q: how do I give my fiance parental rights to my son?

1 Answer | Asked in Adoption and Juvenile Law for Virginia on
Answered on Jan 20, 2018
Matthew Lane Kreitzer's answer
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 rarely rises to a significant level if the biological father wants to resume a relationship.

Q: what do i have to do to adopt my girlfriends son his biological father never signed birth certificate

1 Answer | Asked in Adoption for Virginia on
Answered on Jan 1, 2018
Matthew Lane Kreitzer's answer
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 substantial prejudice against unwed couples and a preference for biological parents. You have no hope of doing this without a lawyer if biological father does not consent. Even if he does, a lawyer is...

Q: My boyfriends siblings were recently taken away from their mother by CPS. What are the requirements for us to get them?

1 Answer | Asked in Family Law and Adoption for Virginia on
Answered on May 2, 2017
Gary D. Godman's answer
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 is not appropriate). You may also want to speak to a family law attorney.

Q: My 16yr old daughter wants to change her last name to her step father's name. Her father refuses to let her.

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for Virginia on
Answered on Apr 18, 2017
Steve Miyares' answer
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.

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.

1 Answer | Asked in Adoption and Family Law for Virginia on
Answered on Apr 18, 2017
Steve Miyares' answer
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.

Q: I have full custody of my child & My husband wants to adopt her. Where do I begin?

1 Answer | Asked in Adoption for Virginia on
Answered on Feb 20, 2017
Gary D. Godman's answer
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 with the process. Good luck!

Q: When I was 12 I took my adoption father to court/put him in jail for raping me over the years and..

1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Adoption for Virginia on
Answered on Apr 13, 2016
Gary D. Godman's answer
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.

Q: question in regards to adoption.

1 Answer | Asked in Immigration Law and Adoption for Virginia on
Answered on Feb 12, 2016
Shan Dimitris Potts' answer
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, make use of the consultations. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of...

Q: Adoption and tourist visa while waiting on two years (grace period).

1 Answer | Asked in Immigration Law and Adoption for Virginia on
Answered on Sep 18, 2015
Shan Dimitris Potts' answer
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 as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice....

Q: Can I file a stepparent petition to adopt without an attorney

1 Answer | Asked in Adoption for Virginia on
Answered on Apr 23, 2011
Kenneth Mitchell Kaplan's answer
Yes, a Step-Parent Adoption is a very simple process which can be filed without the assistance of an attorney so long as you have the Consent and Answer and waiver of the parents.

Q: Does the parents have to show up in court for adoption case

1 Answer | Asked in Adoption for Virginia on
Answered on Apr 23, 2011
Kenneth Mitchell Kaplan's answer
The Petitionewrs and the minor child need to be present. If the Natural Parents signed an Answer and Waiver and Consent then their presence is not necessary.

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