Full question:
I was released from a prison after a sentence of two years. When I came back to my house in West Virginia, I found that my wife's sister adopted my 3-year-old daughter. She said that she did this since there was no news from me. I didn’t make any contact because I was in jail. How can I challenge this in court?
- Category: Adoption
- Date:
- State: West Virginia
Answer:
In West Virginia, a parent’s consent for adoption is not required if the court finds that the parent has abandoned the child. Abandonment is presumed if the parent has not financially supported or communicated with the child for six months before the adoption petition was filed. However, you can challenge this by showing compelling circumstances that prevented you from supporting or communicating with your daughter. Being in jail is a circumstance you can present to the court, as long as your incarceration did not involve a crime related to the conception of the child.
According to W. Va. Code § 48-22-301 and § 48-22-306, the court may consider your situation and allow you to demonstrate why you could not maintain contact or support your daughter during your time in prison.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.