Can A Former Spouse Adopt?
Can A Former Spouse Adopt?
There is a statute in Virginia which allows a former spouse to adopt if he or she stood in loco parentis to the child or children during the marriage.
Loco Parentis means to be in the position of a parent. The most common example would be if a step father lived with and cared for the children for several years during the marriage and became a father figure to them, but later divorced the mother. In that situation, if the mother agrees, a step parent adoption can still be done even after the divorce.
It is important to note that the couple must have lived together during their marriage. The statute will not apply if they lived together and were not married.
About the Author: The Irving Law Firm - John Irving
John Irving brings a working knowledge of all aspects of the legal process to any case or client with his extensive and eclectic legal background. In 1997, John received his undergraduate bachelor’s degree in criminal justice. Shortly after graduation he began work as a fraud investigator for the City of New York. John handled thousands of cases involving welfare and housing fraud. Following this position, he was recruited to and employed by the Prince William County Police Department where he exhibited his superior abilities and received several commendations and awards.
