How can I get my childrens father to sign his rights over in the state of virginia? And if he choose not to sign his right over, can my husband still adopt my children?
The Biological father and I have two children together. He is 9yrs. delinquent on child support. My husband and I have been together for 8yrs. and he has been taking care of my two children from day one.
Divorce / Separation Lawyer
Your husband, with your consent, can file a Petition to Adopt your children for whom he is not the biological father. However, if the biological father has been involved in the children's lives, has paid child support (even if he's behind in his total payments) and has been integral to their lives, then it is NOT likely that the rights of the biological father will be terminated simply because you have remarried. This is NOT a matter which can be dealt with through the Department of Social Services, and while you have the constitutional right to try to represent yourself in Court on this type of case, it is not the kind of case which is easily handled by a non-lawyer. However, if you have access to a complete law library (there should be one near you if there isn't one in Chesapeake- check with the Clerk 's office of the Circuit Court of Chesapeake County), and you are willing to work hard at comprehending the laws, you may be able to handle this yourself without having to pay an attorney. But remember, there is a reason why lawyers have to suffer through three years of law school, plus the Bar Examination, in order to be able to provide legal assistance in adoption cases. Best bet: contact the Virginia State Bar's Lawyer Referral number (find it at www.vsb.org) and ask for a referral to an attorney who is experienced in Adoptions and termination of parental rights cases.
Legal issues often depend on the specific facts in any given case or situation. Please do NOT utilize the information you receive as either a binding legal opinion in your case, nor presume that I am your counsel because I've answered a question you had. Any legal representation is accomplished by written contract ONLY, signed by each of us.