Family Law Archives - Page 3 of 4

The Facebook Frenzy in Virginia Family Law Cases

January 20, 2014 By Marc Leave a Comment

Father with daughter and beer — Courtesy of Mooganic via flickr.com

Take a look around our social media-driven world and you will struggle to find someone who is not active on Facebook, Twitter, or Instagram. Our newfound desire to publish snippets of our personal lives to a massive audience is astounding. And while it is nice to be able to keep in touch with friends and family, these outlets can be dangerous as they tend to create powerful evidence in Virginia family law and divorce cases.

In around fifty percent of our contested divorce and child custody cases over the past few years, there is at least one piece of evidence that comes from a social media account—Facebook, primarily. The most common are photographs of a parent consuming alcohol, or comments that admit important facts or display cruel and abusive behavior.

While we strongly encourage you to close any social media profiles, most disobey that advice.

Lesson 1: Watch What You Post

If you insist on being an active member of the social media world, despite being in the middle of a contested divorce or child custody dispute, think twice before you post something on the internet. For example, if you are separated from your spouse but are still married, think twice before posting pictures of you and your new boyfriend/girlfriend. If you are in the middle of a custody dispute, think twice before bad-mouthing the other parent. While you may not expect the other person to notice, in our experience they usually will. And then they will share the information with their attorney who will aim to use it against you in Court.

Lesson 2: Watch What Others Post

Remember all those pictures, updates and comments that you have been tagged in by others? Well, you know who might be able to see these and, if they happen to be incriminating, you may be in trouble.

With this in mind, you may want to peruse these photos and comments that have been posted by others. If there happen to be any which might be unsuitable for certain eyes, un-tag yourself and kindly ask the person who posted the photo to remove it.

Lesson 3: Limit Access to Your Profile

If you haven’t already, be sure to check your account settings. If you can limit your profile so that only your “friends” can see you activity you might be able to prevent the opposing party from stalking you online persona. While this won’t necessarily bar access to someone who really wants to see what you are up to, it will hopefully serve as a good deterrent.

In conclusion, be careful when you are using social media accounts. While these accounts have certainly become an integral part of the social lives of many in Richmond and the rest of Central Virginia, you must all remain mindful of the impact they may have on your divorce or family law case.

The Virginia family law and divorce attorneys at BoykoNapier are available to answer questions about the impact of social media in your case. If you have a contested family law or divorce case in Virginia, call us today at (804) 658-3418. We handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding communities. You may also contact us via email.

The Role of a Guardian Ad Litem in Virginia Child Custody and Visitation Cases

January 3, 2014 By Marc Leave a Comment

two children — Courtesy of Kheel Center, Cornell University via flickr.com

If you are involved in contested child custody or visitation case in Virginia, chances are there will be a guardian ad litem appointed to represent your child. Therefore, it is important that you familiarize yourself with the role of the guardian.

What is a Guardian Ad Litem?

Guardians are Virginia attorneys who are appointed by the Court in certain cases to represent minors or other incapacitated individuals. In Virginia, guardians are frequently appointed to represent children who are the subject of a custody or visitation dispute. When appointed, a guardian’s job is to represent their client—the child—and to advocate for their client’s best interests. Thorough guardians conduct a time-consuming investigation prior to trial, which would normally include interviewing the parents, extended family-members, relevant third parties (i.e. counselors, psychologists, daycare providers, teachers) and other witnesses. It should also include “home visits” (observations of the homes of the parents or third-parties who are competing for custody/visitation) and reviewing important records (medical records, report cards, disciplinary records, etc.).

A guardian ad litem will also participate in the trial. They may introduce evidence, question witnesses, and make a recommendation to the Judge as to what custody and visitation arrangement they believe is in the child’s best interest.

**Will a Guardian Ad Litem be appointed in my case?**

The short answer: Maybe.

The long answer: It depends on the circumstances and on the city/county where your case is pending. In our experience, some Judges tend to appoint a guardian ad litem in every contested case, regardless of the circumstances and regardless of whether both parents have hired their own attorneys. Other Judges will require at least one of the parties to specifically request a guardian, and even then may be hesitant to appoint one without seeing a good reason for doing so. (Note: Virginia Code Section 16.1-266 (F) limits the Court’s ability to appoint guardians in cases where both parents have retained a lawyer.)

**Should I request a Guardian Ad Litem in my case?**

Good question. It is a good question because a guardian can have a very influential role in your child custody or visitation case. Judges tend to give a guardian’s opinion a great amount of weight. This is likely due to their ability to meet the parties outside of Court, to see their home environment, and, most importantly, to talk to the children in a comfortable environment.

For these reasons, among others, it is important that you speak with an experienced family law attorney about whether or not you want a guardian appointed to represent your child.

**What should I do if a Guardian Ad Litem is appointed in my case?**

It is important to develop a good relationship with a guardian, given the fact that they serve an important and influential role in the case. So, be responsive; return their calls, be cooperative and polite. Remember that they are representing your child, not the other parent. It is also wise to strongly consider hiring an experienced family law attorney if you have not already done so. An attorney can help guide you through the litigation process, which includes interacting with the guardian and assisting them with their investigation.

If you have any questions about the guardian ad litem’s role in your case, contact an experienced Virginia family law attorney at BoykoNapier. Our attorneys handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield, Hanover and the surrounding localities. Call BoykoNapier today at (804) 658-3418, or contact us via email.

Grandparent’s Rights in Virginia Child Custody and Visitation Cases

December 5, 2013 By Marc Leave a Comment

grandparents and grandchild — Courtesy of surlygirl via flickr.com

It is a well known fact that grandparents are often actively and intimately involved in the lives of their grandchildren. Their roles often increase when the parents of their grandchildren are separated. Grandparents may transform into the daycare providers, character witnesses, visitation supervisors, and the list goes on.

In light of their involvement, grandparents are often concerned about the welfare of their grandchildren and ask us about their legal rights pertaining to custody and visitation. Because of the interest surrounding this topic, we felt it would be appropriate to post some general information. This post is not intended to offer legal advice. Every circumstance is unique and you should speak with an experienced family law attorney for specific advice.

Grandparents Can File Petitions for Custody and Visitation in Virginia

Virginia Code Section 16.1-241 gives Virginia Juvenile and Domestic Relations Courts jurisdiction to handle child custody and visitation matters. While the legislature has not yet set forth a statute dedicated to grandparent’s custody and visitation rights, petitions for child custody and visitation can be filed by any person with a “legitimate interest”—this phrase generally includes grandparents, stepparents, other blood relatives, among others. However, in our experience, most grandparents and other third parties are often unaware of the difficult legal hurdles they must leap in order to actually prevail on a child custody or visitation petition.

Biological Parents are Presumed to be the Best Custodians

Although grandparents and third-parties are able to file petitions for custody or visitation, the law affords the biological parents a tremendous amount of protection. The law generally presumes that the biological parents of a child are the best custodians and the best decision-makers regarding who the child should visit with.

Burden of Proof is on Grandparents

This parental presumption can be overcome in certain circumstances with compelling evidence. The grandparents will bear the heavy burden of proof and must meet that burden to succeed.

It is important to note that the burden of proof may differ depending on the type of case and the circumstances. The burden in custody cases is different from that in visitation cases. There are also often different burdens in cases when only one biological parent objects to the grandparents petition, as opposed to cases when both parents object.

In sum, grandparents and third parties are often permitted to pursue child custody and visitation in Virginia Juvenile Courts. However, if you are involved in such a case, it is important to speak with a skilled family law attorney.

The Virginia family law attorneys at BoykoNapier have experience handling grandparent and third party custody and visitation cases. We handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield and Hanover counties. If you have questions regarding child custody and visitation, or any other family law issues, contact BoykoNapier today at (804) 658-3418, or via email.

Difficulties in Divorce: Spousal Support Litigation in Virginia

October 29, 2013 By Marc Leave a Comment

Scales of Justice — Courtesy of Tim Evanson via flickr.com

It should come as no surprise that spousal support (Alimony) is often a hotly contested issue between a husband and wife during the divorce process. The primary wage earner in the family (a.k.a. the breadwinner) almost never wants to pay support, while the lower wage earner (often the homemaker) usually asks for financial assistance. This disconnect often leads to litigation.

In Virginia Circuit Courts, Judges have the express authority to award alimony to a spouse upon their request, which usually occurs incident to a divorce proceeding. Assuming that the parties are unable to reach an agreement on support, Judges will typically conduct a hearing, listen to the evidence, and then look primarily to Virginia Code Sections 20-107.1 and 20-109 to analyze the issue before reaching a decision. If you are in the midst of a divorce that involves the issue of spousal support, it is important that you review these statutes very carefully.

Note: The standards in Juvenile Court may be different. Look at Virginia Code Section 16.1-287.17:1 which sets forth a formula for temporary spousal support in Juvenile Court (somewhat similar to the child support guidelines).

Statutory Bars to Spousal Support:

Adultery – if the Court finds you have committed adultery, it is possible that you will be prohibited from getting support.
Cohabitation – if the Court finds you have resided with another in a relationship analogous to a marriage for a year, you may unable to obtain future support.
Remarriage – if the spouse receiving support remarries, it may bar future support.
Death – death of either party will usually bar future support.

Will the Judge Award Spousal Support? Arguing the Factors:

Assuming there is no statutory bar to alimony, the Judge’s decision will usually be guided by the 13 statutory factors from Virginia Code 20-107.1. While all 13 factors are important, Virginia Lawyers often focus a few key factors when analyzing whether support will be ordered:

Factor 1. “The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature”.
- Virginia Lawyers often break down this factor to two issues: Need and Ability to Pay. This suggests that requesting party must prove they have a need for support, and the requesting party must prove the other party has an ability to pay support. This issue will often be analyzed using monthly income/expense statements for both parties.
Factor 2. “The standard of living established during the marriage”.
- This factor has an impact on factor 1. Even if the primary wage earner can afford to pay support, if that payment isn’t necessary to allow the requesting party to live a similar lifestyle than a Judge may be hesitant to award support.
Factor 3. “The duration of the marriage”.
- The shorter the marriage, the more unlikely a Judge may be to award support.
Factors 9 and 12. These factors involve employment decisions and earning capacity. Issues frequently arise that involve questions about one parties efforts to obtain employment, or to earn as much as they are capable of earning.

If the Judge Awards Alimony, For How Long?

Looking at Factor 3 addressed briefly above, the length of the marriage is one of the primary issues that impacts the length of alimony payments. It is sensible to assume that longer marriages will yield longer support orders. Significant physical and mental conditions of the parties and/or their children in common can also have a significant impact on the length of support. As this article is not intended to offer legal advice, it is important to speak with a skilled Family Law Attorney to discuss the issues pertinent to your case.

If you have questions about spousal support, the experienced Family Law and Divorce attorneys at BoykoNapier can help. Our attorneys handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield and Hanover. Call us for your free consultation at (804) 658-3418 or contact us via email.

Annulment vs. Divorce

September 17, 2013 By Marc Leave a Comment

Richmond Church — Courtesy of Desiree N. Williams via flickr.com

Because we get asked this question often, we thought it would be prudent to clear up some common misconceptions about the grounds for Annulment.

Let’s start with the basic definitions:

An Annulment is a legal declaration that a marriage was invalid (a.k.a. null and void).

A Divorce, on the other hand, terminates a marriage between two parties. A divorce does not negate the legality of a marriage, it simply dissolves the marriage.

Grounds for an Annulment

It is surprising to most that the grounds for annulment are very limited and are broken down into two categories: void and voidable marriages.

Void Marriages: marriages that the law determines to be automatically invalid

Bigamy: at least one of the parties was still validly married to someone else at the time of the marriage
Relative Marriage: where the parties closely related (i.e. brother/sister, aunt/nephew)
No License: in order for a marriage to be valid in Virginia, the parties must have obtained a marriage license.
Underage without Consent: Persons under 16 cannot marry (absent pregnancy) and persons under 18 must obtain parent/guardian consent to marry.
Incapacity: when either party lacked capacity to enter and consent to marriage, unless the parties were married for two years or more at the time of filing for Annulment, or the parties continued cohabitation after full knowledge of the basis for the Annulment. The party who had capacity at the time of marriage, if applicable, shall not be entitled to file for an annulment.

Voidable Marriages: marriages that the law may determine to be invalid, depending on the circumstances

Impotency: if existing at the time of marriage
Felony conviction: if either party was a convicted felon at the time of marriage and had not disclosed such fact to the other party.
Pregnancy: Without knowledge of the other, if the wife was pregnant by someone other than Husband at the time of marriage, or if Husband fathered a child by another woman within 10 months of marriage
Prostitution: if either party had been a prostitute prior to marriage and had not disclosed such fact to the other party.
EXCEPTION: as with incapacity marriages above, these grounds for Annulment will be deemed waived if the parties were married for two years or more at the time of filing for Annulment, or the parties continued cohabitation after full knowledge of the basis for the Annulment.

NOT grounds for Annulment (to the shock of many):

Being married less than 6 months.
Failure to consummate the marriage.
Criminal conviction after marriage.
Never cohabitating together as husband and wife
Not knowing that your spouse carried substantial financial debt

Grounds for Divorce:

The grounds for divorce are far more broad and include uncontested grounds (i.e. one year of separation) and contested grounds (i.e. adultery). For more details regarding the grounds for divorce, please see: Contested vs. Uncontested Divorces.

If you have questions about an annulment or divorce, the experienced family law and divorce attorneys at BoykoNapier can help. Our attorneys handle cases throughout Central Virginia, including Richmond, Henrico, Chesterfield and Hanover. Call us to schedule a consultation at (804) 658-3418 or contact us via email.

Child Custody and Visitation – Best Interest Factors

September 6, 2013 By Marc Leave a Comment

Parents and Child — Courtesy of Bill Selak via flickr.com

If you are a parent who is going through a child custody and/or visitation dispute in Virginia, it would be wise to review the statutory factors that the Judge must consider in making his or her decision. Commonly referred to as the “Best Interest Factors”, Virginia Code Section 20-124.3 is designed to help Judges make a decision that is in the best interest of the minor child who is the subject of the litigation.

The Best Interest Factors are fairly self-explanatory and most come as no surprise—relationship between parent and child, physical and mental condition of the parties, history of family abuse, etc. However, it is helpful to review the factors carefully and present evidence on each factor so that the Judge is fully aware of how that factor applies to you as a parent.

Which custody and visitation factors are the most important?

We get asked this question a lot and the simple answer is: ALL OF THEM. The Virginia Code does not present these factors with any sort of hierarchy. However, there are some factors that tend to play a larger role in certain cases.

Family Abuse Cases (factor 9):

Obviously, in cases where there is a history of family abuse, the Judge is likely to pay close attention to the details surrounding the abuse. Abuse that is proven can often make a tremendous impact on the outcome of the custody/visitation issue.

Serious Physical and/or Mental Illness (factors 1 and 2):

In cases involving a parent or child with a serious physical/mental illness, the circumstances surrounding the illness will often weigh heavily on a Judge for a variety of reasons—i.e. a child with a severe illness needs more attention than an average child; a parent with a severe illness may be unable to adequately care for their child.

Parenting Role (factor 5):

“The role that each parent has played and will play in the future, in the upbringing and care of the child”.
Courts tend to award a lot of credit to the parent who has served as the primary care provider and primary custodian for the child. We believe this is because it is that parent who usually has the strongest grasp of the child’s needs (which intertwines with factor 4). Further, the ability of the parents to serve the child’s needs in the future is particularly important.

Co-Parenting Ability (factor 6):

“The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child”.
As you can imagine, it is very common for the Court to hear evidence that one parent has unreasonably denied the other with access to and visitation with the child. In fact, this is one of the most common reasons that parents end up in custody and visitation disputes—an inability to agree on how they should share the time with their child. Courts tend to favor parents who can demonstrate an ability to communicate effectively with the other parent and, more importantly, foster that parent’s relationship with the child.

To sum things up, it is extremely important for you to review all of the statutory factors and consider how they will apply in your case. A skilled family law attorney will be of great assistance in this regard.

If you are in need of a n experienced and passionate Virginia custody and visitation attorney, call an attorney at BoykoNapier, PLLC at (804) 658-3418, or contact us via email.

Difficulties in Divorce: What is a Pendente Lite Hearing?

July 11, 2013 By Marc Leave a Comment

Country Home — Courtesy of pvdEric via flickr.com

Individuals going through divorce in Virginia will often ask themselves thousands of questions as they tread down the path of separation. One common concern that arises is, broadly speaking, TIME. Most people tense up when they hear how long it can take for a divorce to be finalized—once separation begins, a year or more is the norm.

“What do I do until then?” is an incredibly daunting thought. The “what-ifs” are bound to circle around in your head: what if my husband doesn’t provide any support; what if my wife keeps coming around my residence, or removes me from the health insurance policy . . . and so on.

Temporary Orders in Virginia Divorce Cases

While your circumstances will dictate what your best options are during a separation period (and because of that, it is important to speak with an attorney directly to determine your best course of action), it is helpful to know that you might be entitled to receive temporary relief from the Court.

Once a Divorce has been filed, you may ask for a hearing with the Court to enter a temporary order. This hearing is called a Pendente Lite hearing. This latin phrase means “pending the litigation” (per legaldictionary.com).

Thankfully, our Virginia legislature has kindly recognized that temporary relief is important. In Virginia Code Section 20-103, the legislature has given Judges the authority to make various rulings while the case is pending.

Common Pendente Lite Requests:

Temporary child and spousal support
Temporary custody of your minor children
Temporary use and possession of the marital residence
Order prohibiting the dissipation of marital assets
Order requiring a spouse to pay joint debts
Order requiring a spouse to provide health insurance coverage
Temporary award of attorney’s fees

The Court may also punish a party for contempt if they choose to disobey a Court Order while the case is pending. The purpose of this code section, and of the Pendente Lite hearing, is to provide a party with protection during what can often be a very lengthy divorce process.

If you have additional questions about Divorce, or Pendente Lite hearings, call BoykoNapier at (804) 658-3418, or contact us via email, and speak with an experienced Virginia Family Law Attorney today.

Discovery in Divorce: What Documents Do I Need?

June 6, 2013 By Marc Leave a Comment

Stack of Paper — Courtesy of jenni from the block via flickr.com

As you can imagine, one of the primary issues in a divorce is determining how to split up the assets and debts of the spouses. Given this fact, we are frequently asked by folks what sort of documentation they should gather before their consultation. While it usually is not necessary to have everything prepared before an initial consultation, we decided to create this post to give you a heads-up as to what documentation you are likely to need as the process unfolds.

Documentation Regarding Income:

Employment Income – usually your pay stubs will suffice,
Other Income Sources – recent statements or deposit documentation for other income sources such as trust/investment accounts, rental properties, retirement, disability, etc., is usually appropriate.
Most Recent Tax Return – sometimes earlier returns will become necessary as well.

Documentation Regarding Assets:

For these documents, it would be appropriate to gather recent statements, as well as the statement at the time you and your spouse separated (if applicable). Often times in divorce, the value of assets/debts at the time of separation is very important.

Bank Account Statements – for all joint accounts and any other accounts in your sole name.
Retirement Account Statements – for all joint and sole accounts, including IRA’s, 401(k)s, pensions, etc.
Tax Assessments – for any real estate or relevant personal property.
Mortgage Balance Statements – for all real estate in which h you have an interest
Automobile Lien Balance Statements – for all vehicles which you and/or your spouse own that is not paid off.
Investment Account Statements – i.e. stock accounts, trust accounts
Life Insurance – Policy statements, including any documentation regarding cash-out values (if applicable).
Business Tax Return – if you have any ownership interest in a business
Personal Property List – it is usually appropriate to compile a list of most of your valuables (usually found in the home) that are work $250.00 or more (i.e. television, leather couch, computer).

Documentation Regarding Debts:

For these documents, just as with assets, it would be appropriate to have recent statements as well as statements from the date of separation. In addition to your mortgage and vehicle lien balance statements mentioned above, it would be wise to gather:

Credit Card Statements – for all joint and individual accounts
Loan Statements – for any personal loans you may have (i.e. student loan) or loans secured against assets (i.e. loan against a 401(k)).
Documentation regarding monthly/common expenses – i.e. utilities, phone/internet, other recurring expenses.

Although there are a wide variety of additional documents that may be relevant depending on your unique circumstances, this should give you a basic understanding of what to expect. It would be wise, before you go and spend hours getting everything together, to speak with your lawyer about what documents are pertinent to your particular case.

If you have any additional questions, our attorneys would be more than happy to help. At BoykoNapier, our attorneys are experienced in all matters of family law. You can reach us via phone at (804) 658-3418, or you may contact us via email.

Deciding to Divorce in Virginia? Frequently Asked Questions!

May 22, 2013 By Marc Leave a Comment

back to back — Courtesy of exbinito via flickr.com

Choosing the path of divorce can be a very emotional one. In this post we will provide a brief overview of some common questions and concerns.

Is there such thing as a “legal separation”?

Unlike some other states, in Virginia there is nothing that can be filed with the court to certify that you and your spouse are “legally” separated. However, if you are separating, an attorney can advise you regarding what will constitute the “date of separation” and also what steps you can use to protect yourself during separation.
Usually, when you ultimately file for divorce, the date that you began living in separate households is considered the date of separation. There are many exceptions to this; it is possible to be separate in the same household. You should speak with an attorney if you have additional questions regarding legal separation.

How long do I have to be separated in Virginia before I can get Divorced?

It depends! Under certain fault-based grounds for divorce, you may be entitled to a divorce regardless of how long you and your spouse have been separated . . . however, most divorces are finalized based upon a statutory separation period. The general rule is that you and your spouse need to be living separate and apart, continuously, for one year.
Note, there is an exception to this: if you do NOT have minor children in common with your spouse AND you have a Property Settlement Agreement that has been signed by both parties, you can file for divorce after being separated for only six months.

What is a Property Settlement Agreement?

A property settlement agreement (a.k.a. “PSA”) is a document entered into between both spouses that explains how the parties are dividing assets, debts, spousal support, custody, visitation, and child support. It is, essentially, a divorce contract that spells out all the terms of the parties’ separation. The kicker is it has to be agreed upon by both spouses for it to have any legal effect.
Note: if a Juvenile and Domestic Relations Court is already handling the custody, visitation, and/or child support matter, those do not necessarily need to be included in the Property Settlement Agreement.
A property settlement agreement is a very valuable option for most spouses because it usually makes the divorce process easier—it is also cost-effective and a much less emotional process than going through a full, contested divorce hearing.

Are there different kinds of divorces in Virginia?

Yes! Although divorces are almost always unique, the method of filing and also of finalization is often the same. Generally speaking, there are two types of divorce.
- Uncontested (“No Fault”) Divorce: This is normally considered the easiest, fastest, and least-expensive divorce. There are no issues in dispute–both parties have agreed on the division of debts, assets, and liabilities and the parties are filing based upon a separation period. There are normally no court appearances required by the parties or their attorneys.
- Contested Divorce: In Virginia, most people consider a divorce to be “contested” if there are any issues in dispute (i.e. division of assets/debts, custody, visitation, support) or if a fault ground for divorce is being alleged (i.e. adultery, cruelty, desertion). Unless an agreement is reached between the parties, the divorce will be litigated in Court by presenting evidence to the Judge who will make a ruling on the disputed issues.
- Note, this certain jurisdictions have different procedures which an attorney can explain to you.

How Do I File for Divorce?

Divorces are filed in Circuit Court and are usually filed in the jurisdiction where the parties last resided. Although you are not required to have an attorney to file for divorce in Virginia, it is very wise to obtain one if you wish to file for divorce. There are many legal requirements that can make it extremely difficult and time-consuming if you elect to file on your own.

Additional Questions? Visit our website at boykonapier.com for additional information regarding family law and divorce and call today to schedule a consultation at (804) 658-3418, or contact us via email.

Adoptions: A Glance at the Different Types and Some Common Concerns

May 9, 2013 By Marc Leave a Comment

Parents holding newborn — Courtesy of VaMedia via flickr.com

Choosing the route of adoption can be a very exciting, yet scary time for new parents. While there are many important details that you should familiarize yourself with if you are considering adoption, this post provides a quick overview—to make you aware of the types of adoptions and to address a few common concerns.

The First Step: Choosing the type of adoption that is applicable to you.

Step-Parent Adoption: A step-parent adoption occurs when the adoptive parent is the spouse of the child’s biological mother or father. This adoption normally does not require a home study.
Parental Placement Adoption: This type of adoption occurs when a birth parent directly places their child with you. There is no agency involved.
Agency Adoption: This type of adoption occurs when a family chooses to use an agency to find a child. The agency helps the family with the adoption process and handles a lot of the common hurdles that adoptive families face.
Close Relative Adoption: This type of adoption occurs when the child’s grandparent, great-grandparent, adult nephew or niece, adult brother or sister, adult uncle or aunt, or adult great uncle or great aunt decide to adopt a child.
International Adoption: This occurs when a family decides to adopt a child from outside the United States of America. This is usually done through an agency.
Adult Adoption: This occurs when there is an adoption of someone over the age of 18.
Special Needs Adoption: This adoption occurs when a family decides to adopt a child with special needs. There are assistance programs in place from the government to assist families who otherwise may be unable to adopt a child due to the expense involved.

How Long Will My Adoption Take?

Again, it depends on the type of adoption and the cooperation of the birth parent(s) (if applicable). While the biggest factor is the type of adoption, some additional variables include:

Whether or not a home study is required
The locality where your adoption case is filed—certain courts are more expeditious than others
Any difficulty in locating and/or obtaining consent from birth parents

Understand the Expenses Involved in an Adoption.

In addition to the cost of being a parent and raising a child, the process of adopting also has its expense. The expenses involved in an adoption vary dramatically, depending on the type of adoption you are pursuing, the cooperation of the birth parent(s) (if applicable), but usually include agency fees, legal fees and court fees.

What if I Cannot Find the Birth Father?

There are many avenues to finding the birth father. Virginia has a Putative Father Registry. You can also have a potential birth father served at his last known address. You can also have a birth father served by publication. Contact your adoption attorney to help you with your search.

Do I need an Attorney?

Good question! You don’t necessarily need an attorney. However, it is highly recommended.
An attorney can help you in many ways. They will file the correct paperwork with the court to prevent unnecessary delays, and will make sure you have followed all steps and procedures required as adoptive parents. Attorneys will draft all paperwork necessary for the adoption—as new parents, your focus should be on your child, not on the paperwork involved in adopting your child.

About us:

At BoykoNapier, our attorneys are experienced in handling simple and complex adoptions. We represent clients throughout Central Virginia, including Richmond, Henrico, Chesterfield and Hanover. If you are in the process of adopting, or are simply contemplating the possibility, call us at (804) 658-3418 or contact us via email.