TPR/name change

[VAsinglemom]

I doubt supplying anyone with his SS# is going to help track him down. We are talking about a man who (most likely) hasn't held a job since last I've heard from him. From the time we split up in September of 2002 to the last time I spoke to him (January of '05) he hadn't worked a single day and had been homeless for the most part (sometimes staying with friends or family). Shortly after I threw him out of my home he met up with a much older lady who provided him with money for alcohol and drugs, and set him up with a small room that she paid for weekly. At some within that year (03), she ran out of money and he was put out on the street which is when he stopped having regular contact with our daughter. I keep an eye on the court records in our area because he has a habit of being arrested on alcohol related charges every few months. His last court date was in late June of this year and he was found guilty in absentia of Public swearing and intoxication (so I assumed he is still alive, and a check on that link in the above post has confirmed this).

I'm not sure how I am supposed to make a reasonable attempt at locating him when he has been vagrant and unemployed for the past 3 years?

 

[VAsinglemom]

Getting back to the real question...What evidence are you anticipating presenting to the court that you have attempted to locate Dad before TPR?

What I want to know is; How on earth can I "attempt" to locate him when I haven't had contact with him in years and have no idea where he is or how to find him? Aren't there provisions made in a TPR case for when a parent's whereabouts are unknown?

 

[CJane]

What I want to know is; How on earth can I "attempt" to locate him when I haven't had contact with him in years and have no idea where he is or how to find him? Aren't there provisions made in a TPR case for when a parent's whereabouts are unknown?

If you have an attorney handling the TPR portion of your case, as you've indicated, you really would be better off asking him/her these questions.

You must make an attempt that the court sees as reasonable - and that's going to vary by court/state/judge/etc.

 

[Zephyr]

I doubt supplying anyone with his SS# is going to help track him down. We are talking about a man who (most likely) hasn't held a job since last I've heard from him. From the time we split up in September of 2002 to the last time I spoke to him (January of '05) he hadn't worked a single day and had been homeless for the most part (sometimes staying with friends or family). Shortly after I threw him out of my home he met up with a much older lady who provided him with money for alcohol and drugs, and set him up with a small room that she paid for weekly. At some within that year (03), she ran out of money and he was put out on the street which is when he stopped having regular contact with our daughter. I keep an eye on the court records in our area because he has a habit of being arrested on alcohol related charges every few months. His last court date was in late June of this year and he was found guilty in absentia of Public swearing and intoxication (so I assumed he is still alive, and a check on that link in the above post has confirmed this).

I'm not sure how I am supposed to make a reasonable attempt at locating him when he has been vagrant and unemployed for the past 3 years?

when he was arrested he most likely had to give an address, have you checked the online court records for his case and what he has listed as an address????

 

[MrsK]

It's possible that there IS a birth certificate on record, and the form that I still have from the hospital is just a request for a copy of it. I filled out so many dang papers when she was born it's hard to say for sure. Another question, when I get her last name changed (legally - she already thinks her last name is the same as mine. I never mention her "real" father. She's only 4, so I don't think it's really the time to spring all of that on her) I have to change her birth certificate, right?

There is a real BC, you must just not have a copy. The father will probably appear on the BC since he signed the AOP.

Usually, you can request a copy of a BC for like $20.

 

[VAsinglemom]

when he was arrested he most likely had to give an address, have you checked the online court records for his case and what he has listed as an address????

The online court records only show the City/State address, no specific information.

 

[ceara19]

If you have an attorney handling the TPR portion of your case, as you've indicated, you really would be better off asking him/her these questions.

You must make an attempt that the court sees as reasonable - and that's going to vary by court/state/judge/etc.

Some courts even require that an investigator be hired to try to locate the parent.

 

[Grace_Adler]

Everything the OP has said about VA is absolutely true. I don't know all of VA law but I do know a little about this. I was born and raised there.

You do not need a stepparent adoption to do a TPR in VA.

The hospital can not keep your child or make you stay if you don't file for a BC, that is kidnapping. My mother and father disputed over my name when I was born. They decided to wait on the BC. One of the nurses tried to stop my father when he tried to take me home and he told her he better get out of his way or he was calling the police for kidnapping and an attorney confimed that he was in the right. There are no laws saying that you MUST file for a BC in before leaving the hospital or having X amount of days to file, at least there weren't when I was I born. Nor are there in NC.

However, if you talked to anyone in the hospital and filled an application for the BC, then there probably is one on file. You need to contact the Register of Deeds in the city or county where your child was born or Vital Records in Richmond to make sure and go get a copy if there is one listed.

As far as him signing an AOP, yes, that does make him the legal father. However, if no BC is on record, you don't have to list the father. If you did list the father, then you'd have to have it amended or changed, depending on VA's laws. This means he has all legal rights as a parent, the same as you. And yes, if something were to happen to you, unless you terminate his rights, he can take your child. Right now, he can also file for visitation, etc.

Usually, what you have to do is run an ad in the paper for a certain amount of days about the TPR and this varies from state to state.

So you really need to ask your attorney more about that or go to google and look up VA statutes on it. I have a friend I've known since childhood that graduated from law school last year in VA but she's hard to get in touch with so I don't know that I could find out for you, from her. She also did a TPR.

Hope this helps.

 

[VAsinglemom]

Yes, very helpful.. thank you! I've seen the legal notices in the classified section of the newspaper, and had spoken to my parents (who are supporting me through this process) about placing an ad there in an attempt to notify the father (or any members of his family) about the hearing so they can be present if they so wish. Thanks for confirming that for me!

As for him being able to take the child if something happened to me.. nah. My parents and I have joint custody (yes, I have the papers - we went to court and everything)so in the event that something happened to me primary custody would go to my parents. He never showed up for the custody hearing so he got nothing. I realize that he could file for custody or visitation but it's unlikely that he would get custody right now seeing as how his daughter doesn't even know who he is. I'm kind of hoping he doesn't show up for this hearing, and my gut is telling me he most likely won't.

I also dredged up the form that I got from the hospital when my daughter was born. It is a request for a vital document form, which I'm supposing means that there is already a BC on record - I just need to order a copy. DUH! At this point I'm just going to wait and see what happens in court. If it turns out in our favor, I'll just have to order a new BC with her "real" last name on it anyway!

Thanks again all who offered advice!

 

[CJane]

Yes, very helpful.. thank you! I've seen the legal notices in the classified section of the newspaper, and had spoken to my parents (who are supporting me through this process) about placing an ad there in an attempt to notify the father (or any members of his family) about the hearing so they can be present if they so wish. Thanks for confirming that for me!

Just because you can, and other people HAVE done 'service by publication' doesn't mean that it will be acceptable to the court for you to do so in your case.

I don't understand why you're not speaking to the attorney that you claim to have about these things. Improper service would be an excellent reason for dad to later appeal any decision made at a hearing regarding name change OR TPR.

 

[Grace_Adler]

You beat me to it. I'm in the process of looking up VA statutes and seeing if I can find anything regarding the serving process. I was going to stress to verify all this with her attorney or the clerk of court before doing it.

Could be she isn't asking her attorney because if you forget to ask them stuff, sometimes you have to go back in and pay another consultation fee. I know that the attorneys around here charge anywhere from $150 to $500 just for a consultation on this. Don't know if this is a factor in this case, but could I'm thinking it could be. Not to mention, it's really hard to get up with them, especially if they are at a large firm, seems like you always get the runaround.

But anyway, I'm working on it.

 

[VAsinglemom]

I could ask my attorney, if I wanted to pay hundreds of dollars for a 30 minute phone call. I have an appointment scheduled for next month to meet with him and get the actual petition started, but until then I'm trying to gather as much information as possible to present to him at that time and save myself (my parents, rather, since they are footing the bill) any unneccessary charges for information that I could have acquired myself. Thanks again, Grace! I'm searching for anything in regards to the service myself and so far not having any luck. Let me know if you locate any documentation!

 

[Grace_Adler]

You're welcome. I'm glad I could help. I'm going to have to make two posts regarding this, due to length.

You just need to check on the exact process you would need to do with the publication, how long to run it etc. If he has family around, you might be able to send a summons to them, I'm not sure in VA if you can do that, the only thing I remember is that if they stick it to your door, they consider you served. LOL


As for name changes, cost of BC, and all that, you may want to read these links..

http://www.vdh.state.va.us/vitalrec/faq.asp

http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+32.1-269+403915

It's very possible you may need a court order to change it, if it's now how you want it. Sometimes, in the case of misspellings, they can just ammend it without a court order but in this case, you may have to get the court order.

I also found this...

http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+32.1-257+403915

32.1-257. Filing birth certificates; from whom required; signatures of parents.

D. If the mother of a child is not married to the natural father of the child at the time of birth or was not married to the natural father at any time during the ten months next preceding such birth, the name of the father shall not be entered on the certificate of birth without a sworn acknowledgment of paternity, executed subsequent to the birth of the child, of both the mother and of the person to be named as the father. In any case in which a final determination of the paternity of a child has been made by a court of competent jurisdiction pursuant to § 20-49.8, from which no appeal has been taken and for which the time allowed to perfect an appeal has expired, the name of the father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.

Children born of marriages prohibited by law, deemed null or void or dissolved by a court shall nevertheless be legitimate and the birth certificate for such children shall contain full information concerning the father.

For the purpose of birth registration in the case of a child resulting from assisted conception, pursuant to Chapter 9 (§ 20-156 et seq.) of Title 20, the birth certificate of such child shall contain full information concerning the mother's husband as the father of the child and the gestational mother as the mother of the child. Donors of sperm or ova shall not have any parental rights or duties for any such child.

In the event any person desires to have the name of the father entered on the certificate of birth based upon the judgment of paternity of a court of another state, such person shall apply to an appropriate court of the Commonwealth for an order reflecting that such court has reviewed such judgment of paternity and has determined that such judgment of paternity was amply supported in evidence and legitimate for the purposes of Article IV, Section 1 of the United States Constitution.

If the order of paternity should be appealed, the registrar shall not enter the name of the alleged father on the certificate of birth during the pendency of such appeal. If the father is not named on the certificate of birth, no other information concerning the father shall be entered on the certificate.

Also found this.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-263

E. No such summons or notification shall be required if the judge shall certify on the record that (i) the identity of a parent or guardian is not reasonably ascertainable or (ii) in cases in which it is alleged that a juvenile has committed a delinquent act, crime, status offense or traffic infraction or is in need of services or supervision, the location, or in the case of a parent or guardian located outside of the Commonwealth the location or mailing address, of a parent or guardian is not reasonably ascertainable. An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit. In cases referred to in clause (ii), an affidavit of a law-enforcement officer or juvenile probation officer that the location of a parent or guardian is not reasonably ascertainable shall be sufficient evidence of this fact, provided that there is no other evidence before the court which would refute the affidavit.

 

[Grace_Adler]

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-264

§ 16.1-264. Service of summons; proof of service; penalty.

A. If a party designated in § 16.1-263 A to be served with a summons can be found within the Commonwealth, the summons shall be served upon him in person or by substituted service as prescribed in subdivision 2 of § 8.01-296.

If a party designated to be served in § 16.1-263 is without the Commonwealth but can be found or his address is known, or can with reasonable diligence be ascertained, service of summons may be made either by delivering a copy thereof to him personally or by mailing a copy thereof to him by certified mail return receipt requested.

If after reasonable effort a party other than the person who is the subject of the petition cannot be found or his post-office address cannot be ascertained, whether he is within or without the Commonwealth, the court may order service of the summons upon him by publication in accordance with the provisions of §§ 8.01-316 and 8.01-317.

B. Service of summons may be made under the direction of the court by sheriffs, their deputies and police officers in counties and cities or by any other suitable person designated by the court. However, in any case in which custody or visitation of a minor child or children is at issue and a summons is issued for the attendance and testimony of a teacher or other school personnel who is not a party to the proceeding, if such summons is served on school property, it shall be served only by a sheriff or his deputy.

C. Proof of service may be made by the affidavit of the person other than an officer designated in subsection B hereof who delivers a copy of the summons to the person summoned, but if served by a state, county or municipal officer his return shall be sufficient without oath.

D. The summons shall be considered a mandate of the court and willful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for contempt.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-316

§ 8.01-316. Service by publication; when available.

A. Except in condemnation actions, an order of publication may be entered against a defendant in the following manner:

1. An affidavit by a party seeking service stating one or more of the following grounds:

a. That the party to be served is (i) a foreign corporation, (ii) a foreign unincorporated association, order, or a foreign unincorporated common carrier, or (iii) a nonresident individual, other than a nonresident individual fiduciary who has appointed a statutory agent under § 26-59; or

b. That diligence has been used without effect to ascertain the location of the party to be served; or

c. That the last known residence of the party to be served was in the county or city in which service is sought and that a return has been filed by the sheriff that the process has been in his hands for twenty-one days and that he has been unable to make service; or

2. In any action, when (i) a pleading states that there are or may be persons, whose names are unknown, interested in the subject to be divided or disposed of; (ii) briefly describes the nature of such interest; and (iii) makes such persons defendants by the general description of "parties unknown"; or

3. In any action, when (i) the number of defendants upon whom process has been served exceeds ten and (ii) it appears by a pleading, or exhibit filed, that such defendants represent like interests with the parties not served with process.

Under subdivisions 1 and 2 of this section, the order of publication may be entered by the clerk of the court. Under this subdivision such order may be entered only by the court.

Every affidavit for an order of publication shall state the last known post office address of the party against whom publication is asked, or if such address is unknown, the affidavit shall state that fact.

B. The cost of such publication shall be paid initially by the party seeking service; however, such costs ultimately may be recoverable pursuant to § 17.1-601.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-317

§ 8.01-317. What order of publication to state; how published; when publication in newspaper dispensed with.

Except in condemnation actions, every order of publication shall give the abbreviated style of the suit, state briefly its object, and require the defendants, or unknown parties, against whom it is entered to appear and protect their interests on or before the date stated in the order which shall be no sooner than fifty days after entry of the order of publication. Such order of publication shall be published once each week for four successive weeks in such newspaper as the court may prescribe, or, if none be so prescribed, as the clerk may direct, and shall be posted at the front door of the courthouse wherein the court is held; also a copy of such order of publication shall be mailed to each of the defendants at the post office address given in the affidavit required by § 8.01-316. The clerk shall cause copies of the order to be so posted, mailed, and transmitted to the designated newspaper within twenty days after the entry of the order of publication. Upon completion of such publication, the clerk shall file a certificate in the papers of the case that the requirements of this section have been complied with. Provided, the court may, in any case where deemed proper, dispense with such publication in a newspaper. The cost of such publication shall be paid by the petitioner or applicant.

I think that's it. I dunno, I feel like I forgot something.

 

[Zephyr]

yeah I don't see a kitchen sink in there anywhere......