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If a child is being placed across state lines, then another attorney will be necessary. All fifty states and the District of Columbia have adopted the Interstate Compact on the Placement of Children. Among the requirements of that law is a provision which makes it a crime to place a child across state lines for […]

  While Circuit Courts in Virginia have long had the authority to grant an adoption without the Consents of the Birth Parents of the child, in 1995 the General Assembly adopted Section 63.2-1205 of the Code of Virginia, which establishes standards of proof which the Court is directed to consider in making this extremely important […]

  The terms “attachment” and “bonding” are often confused. Attachment refers to a child’s emotional connection to caregivers. Bonding refers to the caregivers’ feelings and connection to the child. Both are relevant under 63.2-1205, but attachment is of primary concern as it relates more directly to the best interests of the child. It addresses crucial […]

  In Copeland v. Todd, the Supreme Court of Virginia pointed out that the standards of proof in contested adoption cases must be read along with eight other factors which the Department of Social Services, or private agency, must investigate and report upon pursuant to Code Section 63.2-1208. Factors Regarding Home Study Requirements 1. Whether […]

In the important 2011 case of Copeland v. Todd, the Supreme Court of Virginia upheld the constitutionality of Section 63.2-1205 of the Code of Virginia, which sets out the standards which a court must consider in making the determination that the consents of birth parents to a proposed adoption are being withheld contrary to the […]

When Section 63.2-1205 was enacted in 1995, it included language requiring the trial court to consider whether failure to grant the Petition for Adoption would be detrimental to the child. In 2006, the General Assembly removed this language from the statute, and substituted for it the requirement that the court determine whether consent is withheld […]

Published On: February 23, 2018 The Standards of Proof which a Court must consider in granting an Adoption without the Consent of a birth parent includes standard “catch all” language. That is to say, that a Court may consider all relevant evidence on the issue of the best interests of the child, and is not […]

How long would you fight for your child? …days, weeks, months, years? How much money would you spend in your battle to protect your child? …hundreds, thousands, tens of thousands? Many people have had to argue over custody issues when families dissolve, but what if your ex fled the state and tried to physically and […]

“Mike, we need to talk,” Kate said as soon as Mike walked in the door. “What now, Kate?” He replied in a resigned voice. “Look, I don’t want to fight. This isn’t about us; it’s about Charlie,” Kate explained. Looking wary, Mike cautiously asked, “What about Charlie?” “Mike, she’s barely five years old, and she’s […]

If you’re at the point in your marriage that you’re considering taking some time off from your spouse, you may be wondering “What is the difference between legal separation and divorce?” First, a caveat: this article should in no way be considered legal advice. You will need to speak to a divorce/family lawyer in person […]