Involuntary termination of parental rights and name change
My ex has had nothing to do with my now 13 year old child. He is on the birth certificate, and was sent to jail for domestic abuse, and a "peace bond" was ordered for a year. I know he had been released from jail, and I have been granted a divorce, with no child support ordered because I have no idea where he is. He has never made contact, or attempted to make contact with me. My child wishes tot take my last name, and I would like my fiance to be able to adopt and not have to seek "permission" from a non-existent party. I live in Virginia, and would like to find out if the time that has passed is considered abandonment.
You do not need permission, but you do need to give notice to the father. If you cannot locate an address for him, he can be given notice through an Order of Publication entered by the court and run in the newspaper. This is true for both a name change and a step-parent adoption (once you and your fiance marry).
Legal disclaimer: This response does not create an attorney-client relationship and is intended for general information purposes only.
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