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 deep practical understanding of all aspects of the legal process to every case or client, thanks to his extensive and varied legal background. In 1997, John earned his bachelor's degree in criminal justice. Shortly after graduating, he began working as a fraud investigator for the City of New York. John handled thousands of cases related to welfare and housing fraud. He was later recruited and employed by the Prince William County Police Department, where he demonstrated superior skills and received several commendations and awards.
