Should you be concerned your ex’s new spouse may try to adopt your child?

Going too long without contacting your child could have legal ramifications.

 
In some situations, your biological child’s step-parent may be able to adopt your child without obtaining your consent. VA Code Section 63.2-1202 (H) states: “No consent shall be required of a birth parent who, without just cause, has neither visited nor contacted the child for a period of six months immediately prior to the filing of the petition for adoption…” Va Code Section 63.2-1202(H)
 

If you go a year without calling, writing or visiting with your child and you have no legitimate reason for not contacting the child, then court can grant the adoption to your child’s step-parent without your consent. The court can grant the adoption even if you are paying child support.
 

In Virginia adoption, results is a complete severance of parental rights. Even though you may be the biological parent, post-adoption you are a “legal stranger” to the child. In the eyes of the law, you are no longer the parent of that child. This means that you cannot petition for court ordered visitation rights with the child. However, there may be some avenues for voluntary communication agreements with the adoptive parents.
 

If you need help with an adoption or family law matter in Chesterfield, Colonial Heights, Dinwiddie, Fort Lee, Hopewell, Petersburg, Prince George, or Sussex. Give us a call at (804) 668-5327 and schedule a consultation to discuss potential solutions in more detail.

**This material is for Information Purposes ONLY and should not be construed as legal advice and does NOT create a legal relationship with Paul Perdue Attorneys PLLC.

What should a consultation with an attorney do for you?

A legal consultation is a meeting between an attorney and a potential client in which they discuss the basic facts of the legal dilemma you are facing.  The consultation will usually include potential remedies to resolve the problem and a determination of the costs of representation.

However, the legal consultation is not a sales meeting or a pep rally.  The purpose of the consultation should be about finding legal solutions for the client not about selling a service.

A good legal consultation should do the following:

1)      Put you at ease. The biggest cause of anxiety of those coming in for a consultation is the fear of the unknown.  A good consultation will address the legal issues and your options in a way that brings you peace of mind.

2)      Take emotions out of the equation.  A good consultation will help the potential client put aside any emotional issues caused by the legal situation and allow the potential client to focus on the legal problem.

3)      Put together the framework on how to resolve the legal problem.  A consultation may not solve all of your legal issues but it should help you see the path that must be taken to resolve your legal issue.

4)      Let you know whether the attorney is someone that can work with you.  A successful legal result takes effective communication and work from both the attorney and the client.  The consultation is a good time to test your ability to work with the attorney.

 If you have legal troubles in Chesterfield, Colonial Heights, Dinwiddie, Fort Lee, Hopewell, Petersburg, Prince George, or Sussex. Give us a call at (804) 668-5327 and schedule a consultation to discuss your troubles in more detail.