Blog For All
Written by John Irving
If the birth father does not sign an Out of Court Consent, then he must be given notice of the adoption proceeding and have an opportunity to appear in court. This is a fundamental aspect of the constitutional right to “due process of law;” the right to notice and the opportunity to appear. There […]
Written by John Irving
Sometimes the birth mother will state that she does not know the identity of the birth father. This may or may not be true. If the birth mother gives a reasonable explanation of the facts and does so under oath, her statement will be accepted by the court. The court will not ask for embarrassing […]
Written by John Irving
In Virginia, a parent of a child has legal authority to formally grant custody of that child to another person without the need for a court order. It is remarkable, however, how few people know this. Neither hospitals nor insurance companies will acknowledge the validity of a simple parental Transfer of Custody document. When the […]
Written by John Irving
Child custody cases can be complex and emotionally grueling experiences for those involved, no matter the financial circumstances. For the most part, the issues that high net worth individuals must confront in custody decisions are similar to the ones faced by others working through the process, but there are some characteristics that can further […]
Written by John Irving
In an adoption case, extremely important rights and responsibilities are being determined. The parental rights of the birth parents are being terminated. A new parent child relationship is being recognized. And most importantly, the entire direction of the child’s life is being altered. All of the various laws Virginia has established to govern adoption procedures […]
Written by John Irving
Reckless driving in Virginia is a criminal offense rather than a traffic offense and therefore carries severe consequences. A Class 1 misdemeanor, reckless driving triggers a maximum fine of $2,500 or a jail sentence of up to 12 months in Virginia – or some combination of the two. In addition, you will receive six points […]
Written by John Irving
The law requires that an attorney be appointed by the court to serve as guardian ad litem for the child. This attorney’s job is to investigate and report to the court whether the adoption is in the best interests of the child. This requires the guardian to interview the adoptive parents and the birth […]
Written by John Irving
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 […]
Written by John Irving
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 […]
Written by John Irving
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 […]