Legal Question in Family Law in Virginia

Custody of minor granddaughter

My son has sole physical custody of 14 yo dau. Mother in jail. Divorced in'95. Son & now wife alcoholics. Abusive verbal & emot. Want dau. out of house. Friends agree to take. Son says send him change of custody papers, & he'll sign. Refuses to pay support. Friends & dau. say fine. Is this as simple as it seems? What is the process for getting g'dau. out of there? Can you tell me where to start? Have spoken to 2 attys., but they don't give much info until retainer paid. Before I give a retainer, I want to know just how the procedure is done step by step. Can you advise?


Asked on 10/22/05, 4:08 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody of minor granddaughter

You as the grandmother of the child could file for custody and if your son did not oppose your taking custody, under the circumstances which you've described, it's likely that the court would grant you custody of your son's daughter as being in her best interests.

As the grandmother and person with a clear legitimate interest in this matter, you are more likely to be found as a suitable custodian for this child than are some "friends" who are not related to her.

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Answered on 10/22/05, 4:54 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Custody of minor granddaughter

I'm a little confused why friends are taking this child and you as the grandparent are not. Nevertheless, it's not as easy as them signing papers. Cusody has to be approved by the Court. Someone has to file a petition for custody in the Juvenile & Domestc Relations Court. If mother and father both agree they can ener into a Consent Order and then submit it to th Judge to endorse. If anyone objects than a hearing has to be held and the Judge will decide what is in the child's best interests. The Court will apoint a Guardian for the child to potect the child's interests.

Hope this answers your question.

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Answered on 10/22/05, 11:45 pm


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