Legal Question in Family Law in Virginia

we were awarded custody of our grandchild by social services in virginia on Jan 25, 2011 due to emergency removal from the mother due to a 4th postive testing for drugs. the mother was awarded 1 hr of visitation 3 times a month to take place at a safe house, due to the mother was charged with child abuse/child neglect of this child back in nov 2008 and our grandchild was in foster care until we were awarded custody on jan 25 2011. our problem is that when we went back to court in july 2011 the mother filed a motion to amend custody. the judge did not award a change in custody and put the case for review in december 2011, but the judge did grant the mother more visitation giving here every other saturday visitation from 10-4pm and as of oct 1 every other weekend visitation. this additional visitation was granted even though the mother has not been drug tested since jan 2011 and also has serious mental issues and told the judge that she was not taking her medication for her issues due to she was to try and control them on her own.
since the judge has made it clear that the mother is OK to give additional visitation to the mother, me and my husband want to return custody back to the mother and walk away from this mess that we have been dealing with since our grandchild was born in june 2006. we have full custody.
my question is can we turn our granddaughter over to her mother without having to petition the court and let the mother file for custody?

Asked on 8/09/11, 9:39 am

Michael Hendrickson Law Office Michael E. Hendrickson

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No, as long as there is now an order in place giving you custody

of this child, you must follow this order in providing care for

and custody of this child until the order is modified or abrogated,

relieving you of these custodial obligations.

Answered on 8/19/11, 6:03 am

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