One of my stepchildren's father consents but the other's doesn't — can I still adopt both in West Virginia?
West VirginiaYes, absolutely. The adoption of each child is evaluated based on that child's biological father, not as a package deal.
Your situation is very common:
- Child 1: Father consents → simpler, faster process for this child
- Child 2: Father does not consent → abandonment proceedings under W. Va. Code § 48-22-306 if he has been absent 6+ months
Both adoptions can proceed simultaneously in West Virginia Circuit Court. The child with the consenting father may finalize slightly faster, but both can be filed at the same time.
What we prepare:
- Consent documents for the cooperating father
- Abandonment affidavit for the absent/refusing father
- Separate service of process documents as needed
- All other required West Virginia court forms
Important: Having one father consent and another absent is extremely common in blended families. Courts see this regularly and handle it without issue.
Cost: $349 for the first child + $95 for the second = $444
Timeline: 3-6 months for both
Start at stepparentadoption360.com/questionnaire — describe each child's situation and we handle the rest.
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$349 complete document package • All 50 states • 100% court acceptance guarantee