Legal Question in Family Law in Virginia

Custody of nephew

My sister is young and immature. She has a baby who is now 5 months old. Her and her husband are living with my parents who financially support them and the baby. She doesn't care for the baby properly and the family is scared that they will leave my parents house (which would not be good for the baby). I was wondering what has to happen for someone to get temporary custody of the baby. To look at the baby you wouldn't be able to tell that his parents are so useless. BUT his father has sexually assulted a family member and they are both into drugs. What can we do?

Thanks so much

Concerned aunt!


Asked on 12/26/06, 12:34 pm

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

Re: Custody of nephew

Unless there is now persuasive and compelling evidence that these natural parents are now both in fact unfit to act as parents for and to have custody of their child, a court at this juncture is not likely to award such custody of the child to an aunt or other concerned relative.

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Answered on 12/26/06, 12:51 pm


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