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          VIRGINIA STEPPARENT ADOPTION

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VIRGINIA STEPPARENT ADOPTION

 

 


Prior to filing your Petition for adoption, you must have been a bona fide resident of this state for six months prior to the filing of the petition, which must be stated in the complaint and proved at the final hearing (Drivers License, etc.). If both parties currently reside in the state, then there is no time period required.

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. You spouse can waive that jurisdiction in writing.

You should file the adoption in the county your spouse lives in, or in the county that you both lived in when you separated, or in your county if your spouse lives out of state. You or your spouse must have a Virginia address in the county of filing. Virginia civilian residents living overseas may file in Virginia if they have maintained their residency in Virginia.

The grounds which typically justify the termination of parental rights in a stepparent adoption involve abandonment, failure to support the child, imprisonment, certain abuse, and other grounds.  The grounds for the termination of parental rights is different for each state, but all states accept the grounds of abandonment and lack of support, and some states include other grounds.

In Virginia, the absent parent has given implied consent to adoption or relinquishment pursuant to Section 26-10A-9 as outlined below:

1.     The absent parent has abandoned the adoptee, failing to offer financial and /or emotional support for a period over 6 months from the filing of this petition.

2.     The absent parent has knowingly left the adoptee with the other parent without provisions for support and without communication, or otherwise maintaining a significant parental relationship with the adoptee for a period of over 6 months from the filing of this petition.

3.     The natural father failed to comply with Section 26-10C-1, which deals with the putative father.

Most states do not have any provisions for the visitation rights of the parent losing parental rights, or the grandparents associated with that parent.  There are some states who will recognize agreements for visitation by the parenting losing their parental rights, but this is typically up to the discretion of the adopting parents.

Our documents are for the entire State of Virginia.

You must file the adoption documents in the District Court in the county that you are filing in. Some court addresses for larger counties are as follows:

Henrico County Juvenile & Domestic Relations District Court: 4201 East Parham Road, P. O. Box 27032, Richmond, VA 23273-7032 Phone: (804) 501-4688 Fax: (804) 501-4756

 

Goochland County Juvenile and Domestic Relations District Court: P.O. Box 47, 2938 River Rd. West, Goochland, VA 23063 Phone: 804-556-5309 Fax: 804-556-4494

 

Hanover County Juvenile and Domestic Relations Court: P.O. Box 86, 7515 Library Dr., 2nd Flr., Hanover, VA 23069 Phone: 804-365-6200

 

Chesterfield County Juvenile & Domestic Relations District Court: P.O. Box 520, 7000 Lucy Corr Boulevard, Chesterfield, VA 23832 Phone: (804) 748-1379 Fax: (804) 717-6043

 

Powhatan County District and Juvenile & Domestic Relations Combined Courts: 3880-D Old Buckingham Road, Courthouse, Powhatan, VA 23139-0113
Phone: 804-598-5665 Fax: 804-598-5648

 

City of Norfolk County Juvenile and Domestic Relations District Court: 800 East City Hall Avenue, Norfolk, VA 23510-2727 Phone: 757-664-7340 Fax: 757-683-2219

 

City of Newport News Juvenile and Domestic Relations District Court: 2501 Huntington Avenue, Newport News, VA 23607 Phone: 757-926-3603 Fax: 757-926-3598

 

City of Chesapeake Juvenile and Domestic Relations District Court: 307 Albemarle Drive, 2nd Floor, Chesapeake, VA 23322-5579 Phone: 757-382-8100 Fax: 757-382-8152

 

City of Virginia Beach Juvenile & Domestic Relations District Court: 2425 Nimmo Pkwy., Judicial Center, Bldg 10A, Virginia Beach, VA 23456 Phone: 757-385-4391 Fax: 757-385-5683

 

City of Hampton Juvenile and Domestic Relations District Court: 220 North King Street, P. O. Box 69104, Hampton, VA 23669-9404 Phone: 757-727-6147 Fax: 757-727-6082

 

Fairfax County Juvenile & Family Relations District Court: 4000 Chain Bridge Road, Fairfax, VA 22030 Phone: (703) 246-3367

 

City of Alexandria Juvenile and Domestic Relations District Court: P.O. Box 21461, 520 King Street, Alexandria, VA 22320 Phone: 703-838-4141 Fax: 703-838-4092

 

City of Lynchburg Juvenile and Domestic Relations District Court: 901 Church St., 1st Floor, Lynchburg, VA 24504 Phone: 434-455-2670 Fax: 434-847-1442

 

Rockbridge County District and Juvenile & Domestic Relations Combined Courts: 150 South Main Street, Lexington, VA 24450 Phone: 540-463-3631 Fax: 540-463-3855

 

Roanoke County Juvenile and Domestic Relations District Court: Roanoke County Courthouse, 305 E. Main St., Salem, VA 24153 Phone: 540-387-6160 Fax: 540-387-6231

 

City of Waynesboro Juvenile and Domestic Relations District Court: P.O. Box 1028, 237 Market Avenue, Waynesboro, VA 22980-1028 Phone: 540-942-6633 Fax: 540-942-6793

 

Prince William County Juvenile and Domestic Relations District Court: 9311 Lee Avenue, Manassas, VA 20110-5555 Phone: 703-792-6160

The court filing fees for a adoption in Virginia is approximately $87.  The publication fee is approximately $65. 

There many also be a home study fee that is paid later in the adoption process.  Check with your local court for the fee, if any, that may be associated with the home study.


You may call the Clerk of the Court in your county to determine the exact fees in your county.

In many stepparent adoption, the absent parent may be willing to sign a consent form, which consents to the termination of their parental rights, and consents to the adoption.  If the absent parent is willing to sign a consent this will make the process a little easier because the court will know from the beginning that all parties agree to the stepparent adoption.  Many of our adoption customers don't know the whereabouts of the other parent, or the other parent has such a disinterest that he/she just won't sign any documents.  In this situation, you will file the adoption documents and then serve the absent parent by the following manner:

1.  Whereabouts of the other parent is UNKNOWN:   If you are unable to locate the absent parent after a diligent search then you can serve the parent by publication.  This means that a notice is published in a local legal publication.  Typically once a week for 4 weeks.  The publication fee for the newspaper averages around $85 but varies depending on where you live.  Upon the filing of the Affidavit the clerk shall direct that service of notice be made by publication in a newspaper of general circulation in the county in which the complaint is filed.  We provide all the required documents for service by publication.

2.  The parent just won't sign, but grounds exist for the adoption: If you know the whereabouts of the other parent, but that parent won't sign due to disinterest, you can have that parent served by the Sheriff's department or a private process server.  This can be done even if the other parent is incarcerated in jail or a federal prison.

 

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