Hi,

I am in the state of VA. My wife and I have submitted a petition for my adoption of my step-daughter, who has had no contact whatsoever from her father from over a year. We very clearly have a case of abandonment, as in VA 6 months. Constitutes abandonment.

The father did not respond to personal service about the petition within the 21 days allotted by the state of VA. Our question is what now? We do have a lawyer, but we don't believe he has ever handled this sort of situation before, but is a very good attorney and one of the top 3 in our area. He believes we still must go through with a hearing or at least depositions to prove abandonment.

Has anyone ever had this particular type of situation come up in VA? It really seems like overkill that all of these things are necessary when we so easily have a case of abandonment with zero response to the petition.

Thank You

Yes you will have to go through a hearing. But, at the hearing you present;

1) proof that the father was served
2) a statement that he did not respond
3) evidence there there has been no contact for however long

At that point the judge should grant a TPR and agree to the adoption.

It is true you still have to go to court. What scott said about what you have to present in court is true. With the attorney by your side it should go over pretty easy in court but yes, you still have to go.

Do you still have to give notice to the birth father of the hearing? Our lawyer believes so. If he shows up to contest, then what is the point of having the 21 days to respond if someone can swoop in after it?

If your lawyer believes so, then its likely. If he does show up the judge will question why he waited.

Thanks for all of your help, guys.