Legal Question in Family Law in Virginia

My brother was arrested for assault & battery charge by his wife, falsely, She then obtained a restraining order until their court date in two weeks. She is in the home with two children. The oldest is away in college. While at home with thier youngest daughter ( 15 yrs. old ) the mother is on a yelling & screaming rampage and calls her father scared of mom. The father advises her to go & lock herself in her bedroom away from her Mother. Meanwhile the Mother tells out that she is going to kill herself & locks herself in the bathroom with water running. The daughter gets no response from the mother and calls the police as instructed by her father. They place both children with friends and the mother is sent to the hospital where she is observed for 72 hours. She will be released to go home today. Is there a law that states such adult is unstable & unfit to care for thier child, at least temporarily?


Asked on 2/18/15, 7:37 am

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

It would be up to a judge of the appropriate Virginia Court to make such a determination (rather than any particular law) after evaluating all the relevant evidence that might be put forward in such a matter.

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Answered on 2/19/15, 12:51 pm


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