As a general matter, notwithstanding your daughter's consent, in order for you to adopt your granddaughter, either the father would have to consent, or his parental rights would need to be terminated involuntarily. Since the child currently resides in West Virginia, the any action would need to be instituted there, and conform to the statutory requirements of that state.
The above response has been provided for general guidance on matters of interest only and is not intended as a legal advice. No attorney-client relationship has been created between the reader of this response and The Law Office of Karen M. Holman, PLLC.
Answered on Feb 21st, 2012 at 9:41 AM