Legal Question in Family Law in Virginia

custody of nephew
my sister is homless and about to give birth to her second son, her first does not live with her.legal custody was granted to pat. grandma, due to missing court and she is on the CPS list for leaving my 3 year old and 1 year old home by theirselves last year and they let themselves out the door and into the road. I was never charged with anything because i was at work when the incident occured. She has no way to support the new child, nor anything for him at all. I want to assume custody of my nephew when he is born, which could be any day now. Will a court grant me a temporary custody order if my sister gives me the baby when she leaves the hospital? There is no one else on either side of the childs family that is able to take him for her. she has already agreed to let me have him for a day or so but i dont want to just give him back to her knowing she has no way to support him or provide for him. baby's father is slightly involved but has no way to care for him either, no home and about to go to jai. What can i do to protect my nephew.

Asked on 3/01/08, 10:22 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: custody of nephew

Yes, a court might grant you temporary custody of the child if the mother is homeless and without visible means to support the child.

Answered on 3/02/08, 7:45 am

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