The Catch All Language

The Catch All Language

The Standards of Proof which a Court must consider in granting an Adoption without the Consent of a birth parent includes standard “catch all” language.

That is to say, that a Court may consider all relevant evidence on the issue of the best interests of the child, and is not limited by the eight enumerated factors.

Therefore, attorneys may argue that other factors are important and should be considered by the Court.

It should be remembered, however, that the inquiry is wheter a required consent to a proposed adoption is withheld contrary to the best interests of the child, not what is in the best interests of the child generally. The Supreme Court of Virginia has been very specific and stating that an adoption is not a comparison of two homes and a decision which is the better home.

This is because adoption terminates birth parent rights, and those rights are protected under the 14th Amendment to the United States Consitution.

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.

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