Legal Question in Family Law in Virginia
Do we as aunt and uncle have a right to our nieces and nephew in a custody dispute between the parents instead of the kids being put in foster care.
1 Answer from Attorneys
The parents' claim to custody of these children would obviously be superior to
yours as aunt and uncle and you have alluded to no facts in this question as to why these children should be subject to being placed into foster care in the event that their parents cannot agree on the matter.
Consequently, I would suggest that you hold off on any plans that
you may have to acquire custody of the children until such time that they have
actually been placed in foster care (which, needless to say, would be quite
unusual with two parents alive, apparently well, and with presumably a record
of caring adequately for them in the past).