Introduction


     In Virginia, adoptions generally require the consent of both biological parents unless statutory exceptions apply. One such exception, found in Virginia Code § 63.2-1202(H), allows adoption without a parent’s consent if that parent has failed to contact the child for six months without “just cause.” In Perkins v. Howington, VLW 024-7-282 (Sept. 30, 2024), the Court of Appeals of Virginia clarified what constitutes “just cause,” adopting a definition from other jurisdictions to guide future cases.


Background


     The case involved a mother whose visitation and custody rights had been restricted following findings of abuse, neglect, and noncompliance with court-ordered drug screenings. The Juvenile and Domestic Relations Court issued a protective order barring her from contacting the child, later removing the case from its docket when she failed to seek modification. Meanwhile, the father and his new wife petitioned the circuit court to adopt the child without the mother’s consent under § 63.2-1202(H). The mother argued that her failure to maintain contact was justified by the protective order, COVID-related delays, and alleged obstacles imposed by social services. The circuit court granted the adoption, finding the mother’s lack of contact was without just cause and that adoption was in the child’s best interests.


Legal Holding


     The Court of Appeals affirmed. Writing for the panel, Judge Ortiz explained that “just cause” in this context refers to circumstances beyond the parent’s control that prevent visitation or contact. Because Virginia law had not yet defined the term in adoption cases, the Court adopted the prevailing view from other states such as Louisiana, Oregon, and Arizona: a parent’s own misconduct that leads to loss of contact does not qualify as just cause. The Court emphasized that the mother’s noncompliance with drug screenings and failure to move for modification of the protective order directly caused her inability to see her child. These were not factors beyond her control. As such, her six-month absence from the child’s life was deemed without just cause under § 63.2-1202(H). The Court also rejected her argument that the circuit court improperly relied on probation records, clarifying that the lower court had in fact relied on letters from the community services agency documenting her lack of cooperation.

Implications


     This decision provides important guidance on what constitutes “just cause” in adoption cases. Parents cannot rely on protective orders or procedural delays when their own conduct created the barriers to visitation. Going forward, Virginia courts will evaluate whether the failure to maintain contact stems from circumstances beyond a parent’s control. If not, consent may be waived, and adoption petitions can proceed if they are in the child’s best interests.


Smith Strong Can Help


     Adoption and parental rights disputes involve both complex statutory interpretation and deeply personal family circumstances. If you are seeking to adopt a child or defending your parental rights in Virginia, the family law attorneys at Smith Strong, PLC can help you navigate the process. Call our Richmond office at (804) 325-1245 or our Williamsburg office at (757) 941-4298 to schedule a confidential consultation.