Legal Question in Family Law in Virginia
I have a 30 year old mildly MR daughter who has lived with me all her life until March 09 when I realized I had problems with aclohol abuse and I needed help for care for my daughter. I have no family who could help me so the Dept. of Social Services was ask to help. Her father is dead so they picked a guardian for my daughter. The problem I am having now is I have been aclohol free since July 09 and have went though rehab, still go to AA, am in recovery program and months later I still only get to see my daughter 30 min. every other week. I can not afford a lawyer to go to court but I wonder if you can tell me how I can go about getting my daughter home. I can not talk to her guardian and Dept. of Social Services seems to want to let her stay with a caregiver she is with now. I have two doctors who say she would be better with me for her mental health. As of this time I have been aclohol free 15 months. Any imfomation you give to help me in this matter is appreicated.
1 Answer from Attorneys
You claim you "can not talk to her guardian"(one of the most important
persons in the legal case).
So, why is that?
A visitation schedule of only an hour per month with your daughter after a year and a half seems unduly restrictive under the facts described and should now be subject to modification by the court which has jurisdiction over the matter, but
a motion seeking at the very least to enlarge the schedule needs to be filed with the court.