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.


Asked on 10/18/10, 8:33 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 10/24/10, 5:42 am


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