ADOPTION LAWYER IN VIRGINIA
Let us help you with your adoption case in Virginia courts. As an adoption lawyer in Virginia, I have helped clients in court. Give me a call to discuss your adoption case.
read below how to win your child adoption case in virginia:
Child adoption can be either ”contested” or ”uncontested.”
This article will provide an overview of what you need to know before and after you have completed your child adoption.
Not only does the structure of your family change because of the adoption, but the legal rights and responsibilities of everyone involved with the adoption change as well.
Make sure you know what to expect before filing a petition for adoption in Virginia.
The legal steps taken during an adoption process are specific, so it is essential to work with someone who knows how to navigate you through this life-altering process.
The Virginia Code 63.2-1201 provided the details about filing an adoption petition along with venues and jurisdictions.
What Should I Expect When I File For Child Adoption In Virginia? Our Adoption Lawyer in Virginia Explains The Process:
Petitioning for the adoption of a child is only the first step. A home study is required for all adoptions in Virginia.
The home study will determine if the environment of the prospective family is suitable for the adoptive child. Home studies may include any of the following:
- Home visits
- Interviews with family members
- Background checks
The purpose of a home study is to determine the best interests of the child. A child placement agency will do a thorough investigation before determining whether to permit the adoption.
During a home visit, a representative of the agency will look at the physical state of your home.
You’ll want to make sure your home is clean, structurally safe, and appears to be an age-appropriate residence.
It is vital to present your home in such a way as to give a great first impression.
If you are adopting a grandchild in Virginia you will follow a much simpler process called close relative adoption.
To gain more knowledge of the process, contact our adoption lawyer in Virginia for a consultation at 703-786-8340.
American Lawyers Group, represents clients all over Northern Virginia including Fairfax, Alexandria, Prince William, Arlington, Loudoun, and many other counties.
How Do Interviews Impact Your Child Adoption In Virginia?
Whether you are pursuing a contested adoption or an uncontested child adoption, interviews with individuals who currently live in the home will be conducted.
Other individuals who add to the environment are also considered because of their likelihood of coming into regular contact with the child.
Some topics of conversation with the prospective parents include their background, their hobbies, their experience raising children, and their motivations for seeking to adopt a child.
Preparing for these interviews is extremely important because it is time for you to voice who you are to the agency representative.
It is also vital that before these interviews, all the people in the home are on board with the adoption and are prepared to take on the responsibility.
During the home study, you’ll also be asked questions about the child you want to adopt.
Depending on the child, you may be asked questions related to the child’s race, age, gender, and special needs.
Your qualification to raise a child who requires special attention will be evaluated very thoroughly during the process.
How Does a Background Check Impact Your Child Adoption In Virginia?
For adoption in Virginia, a background check of the prospective adoptive parents is required.
During this background check your criminal record, financial statements, mental and physical health, and more will be evaluated.
As indicated by our adoption lawyer in Virginia: making sure that you are financially stable as well as a positive influence on the child is very important.
Do not be discouraged if any of your past records are not perfect. Instead, reach out to a family law attorney in order to advocate for your right to adopt.
Are There Any Reasons Child Adoption May Not Be Granted?
Even though every case and situation is different, there are a few instances where the Commonwealth of Virginia will not allow adoption.
If they discover during the home study that you have a current or past conviction for child abuse, child neglect, a crime of sexual violence, or other morally questionable crimes, then you will not be allowed to adopt.
If there is a pending charge against you for any of the aforementioned reasons then a determination on your adoption petition may be postponed until after your criminal matter is resolved.
Keep in mind that past or pending criminal charges are not the only reasons the Commonwealth of Virginia may deny an adoption petition.
Contact our Adoption Lawyer in Virginia to discuss the Virginia Adoption Laws at 703-786-8340.
How Do I Get Consent From the Biological Parents For Child Adoption in Virginia?
Adoption in Virginia requires the termination of the biological parents’ rights prior to granting rights to the adoptive parents. In order to do so, you must receive the consent of the child for adoption. Consent may be given by the following people:
- The child if they are fourteen or older
- The mother and presumed father
- The licensed child-placing agency if they have current custody over the child
If the child is over the age of fourteen years old, they are able to be involved in their adoption process as long as their biological parents no longer have legal rights over them.
While the mother’s identity is simpler to determine, the father’s is a little more complicated. In order to establish parental rights as the father, either the mother must acknowledge the father or he may establish his paternity through the court.
Another way to prove who is the father of the child is by showing who was registered on the Virginia Birth Father Registry.
However, if the child currently resides in legal custody with a licensed child-placing agency, consent must come from them to achieve adoption.
Is Consent Always Required During A Child Adoption?
The only time adoption in Virginia does not require consent from the biological parents is when the father is unknown, a court has terminated their parental rights, or there has been no contact with the child for a minimum of six months.
If the father denies his rights to his child in writing and under oath, he has relinquished his rights and does not require his further consent.
If either or both parents are deceased they are unable to give consent.
If a court had previously terminated parental rights of either or both of the parents, then they lose the ability to transfer these rights to the prospective adoptive parents.
Reasons for losing these rights may be due to a criminal charge or incarceration.
Up to the judge’s discretion, if either parent has not been in contact or visited the child for at least six months, then this may show the parents’ lack of interest in the child.
A parent’s lack of interest in a child will impact a judge’s decision to maintain their rights over the child.
What Is The Difference Between Adoption And Fostering in Virginia?
Adoption is the permanent placement of the child in a family that assumes legal and physical custody of that child.
Fostering is a temporary home where they stay until their biological parents are able to re-assume their parental responsibilities.
Oftentimes, families that foster a child may consider adopting them during their stay. An adoption may only take place once the parental biological rights are terminated.
You must still follow the same steps to adopt a child even if you are already fostering them.
As a foster parent, you will have to reach out to the foster care to express your interest in adoption; then a home study will be conducted.
As discussed before, this home study will investigate the qualifications of the parent to be able to care for the child’s needs.
Do Inheritance and Succession Laws Impact Adoption in Fairfax Virginia?
Depending on the circumstances of the adoption, inheritance and succession laws do not extend to adoptive children from their biological parents.
Inheritance is the right of a child to receive money or assets as their parent’s heir.
Due to the termination of parental rights toward the biological child, this also impacts the child’s right to be considered an heir.
Although the adoptive child is unable to claim any assets of the biological parents, adopted persons are given the right to be considered an heir to their adoptive parents.
Unless a will or trust says otherwise, the adoptive child will receive the same benefits as a biological child.
What Are The Adoptive Parents Allowed To Do After An Adoption in Fairfax?
After the procedures of adoption are complete and the judge issues a final order, the biological parents no longer have any legal rights or responsibilities to the child, including child support or visitation.
Petition for visitation by the biological parents after the adoption is also not allowed.
When there is a voluntary decision by the biological parents to terminate their parental rights, it is unfair to petition later to get them back. All rights
and privileges given to the adoptive parents must be respected by the biological parents.
