Legal Question in Family Law in Virginia
custody of neice and nephew
my sister and brother in law have been fighting in court for almost a year over their 2 and 5 year old children. my sister left and is now living 3 hours away with her new boyfriend. my brother in law had the children but started using drugs. during the last hearing they couldnt agree on anything and the judge and guardian at litem got upset and said there were two options foster care or myself and husband taking them. they gave us legal and physical custody of the children. however it wasn't something we asked for but we wouldn't let them go to foster care. so we really had no choice in the matter. we have a 3 year old of our own. i was just wondering how likely it is for either of them to regain custody and what kind of support we are entitled to considering neither one of them work right now
1 Answer from Attorneys
Re: custody of neice and nephew
You could file petitions for child support any time against both parents and let the court(s) having jurisdiction over the matters decide
the issue of whom should pay what.
As to one or both parents regaining custody of their children, that would be up to the court which awarded you custody of the children and would require a credible showing on the part of the parent(s) that they've made a dramatic turnaround towards the positive in the respective directons of their lives which doesn't sound that as of yet such has occurred.
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