Contested Adoptions

Virginia law provides that the court may enter an adoption even when one of the birth parents does not consent to the adoption. Before a court can do this, the judge must find that the consent of the birth parent is unavailable or is being withheld contrary to the best interests of the child. This involves an investigation by the Department of Social Services and a trial in court at which time evidence is presented to show why the adoption is in the best interests of the child.

Robert H. Klima is an experienced litigator with more than 30 years of trial experience.

In making the important determination that the consent of a birth parent is withheld contrary to the best interests of the child, the court must consider all relevant factors, including:

• The efforts of the birth parent to obtain or maintain legal and physical custody of the child
• Whether the birth parent is currently ready and able to assume custody of the child
• Whether the birth parent’s efforts to assert parental rights were thwarted by other people
• The birth parent’s ability to care for the child
• The age of the child
• The quality of any previous relationship between the birth parent and the child
• The quality of any relationship between the birth parent and any other children
• The duration and suitability of the child’s present custodial environment
• The effect of a change of custody on the child

Unfortunately, some birth parents never do demonstrate that they can successfully assume responsibility for their child. In these cases, the child deserves a permanent and loving family and the stability obtained by a Final Order of Adoption.

If you are involved in a case which requires litigation, contact Mr. Klima at 800.747.8783 to discuss your situation. Or, e-mail Mr. Klima.