Legal Question in Family Law in Virginia

My husband and I are planning to attempt a DIY petition for stepparent adoption. He would like to adopt my 7 year old son.

Biological father (According to VA law, a Putative Father) left me at 5 months pregnant, has dodged DCSE attempts to contact him, did not show for paternity testing that he was summoned for, has not paid child support and has not ever seen my son in person or spoken to him in an way (phone, in person, text, chat, email, etc).

I discovered recently through google searches that he was jailed in November 2012, held without bond for allegedly molesting a young child and is currently still being held in jail in AZ. We apparently still have to contact him via certified mail, i'm assuming the clerk of court will tell us what we're supposed to send (a legal form? ).

Is there any chance of the judge receiving all of this information and ruling in our favor right off the bat? would we still be required to undergo home evaluations to decide if my husband is 'good enough' to adopt my son. (My husband has been my son's father figure since my son was 6 months old, son is now 7 years old.)

Asked on 5/16/13, 11:54 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, it is most unlikely (in my opinion) that the court hearing

your husband's step-parent adoption petition would be willing

to short-circuit, so to speak, the normally required procedures merely because of your claim to the petitioner's sterling qualities as an

adoptive father of the subject(which I have no doubt is very likely true).

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Answered on 5/18/13, 7:05 am

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