Legal Question in Family Law in Virginia

My 9 yr old godson's mother was incarcerated 8 years ago and the father is unknown. He has had the same guardian all 8 years. His guardian and 2 members of her household (none are blood related) are currently the subjects of a CPS investigation since July of this year to present for child abuse and child neglect. There have been two incidents with the first resulting in the guardian's husband being sentenced to probation for abuse to my godson and now a more recent incident where the guardian's grandson (an adult as well) facing assault charges for a 2nd incident. The guardian is being investigated by CPS for neglect for failure to ensure that my godson takes his meds daily as prescribed. The natural mother has contacted us and wants the child and his sister (her child as well) removed out of the home immediately and placed with us. My husband and I met with CPS, the guardian, and the CPS supv today and they said that they would see if the guardian would voluntarily release the child. We expect the guardian to not agree to let him come but he and the sister need to be moved immediately. We know that we can petition the court but because the mom is a DOC inmate normally the hearing date is not until at least 60 days from filing due to the prison having to make arrangements and appt a guardian ad litem for her to get here. Do these circumstances qualify for an emergency hearing or what should we do to get this child and the other child moved NOW!!


Asked on 10/05/09, 10:50 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Of course. the circumstances as described would certainly suggest a reasonable basis for requesting an emergency hearing. Nevertheless, it would be up to the court exercising jurisidiction over the matter to make it happen.

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Answered on 10/11/09, 12:29 am


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