Legal Question in Family Law in Virginia

want custody of 13 year old

fiances son wants to come and live with us. told his mother 2 weeks ago that this is what he wants. since that the child been going thru some rough times with mom and stepdad.They called the police on him saying he was unruly and wanting to leave and come to our house.why the child wants to leave is becasue he was thrown up against a door by the stepdad and other reasons .We took him to doctor the bruises were documented by the doctor. less then a week later the child called us asked us to call the police the stepdad and mom were beating on him throwing him up against a truck slapping him in the face smacking him with a belt.CPS was notified of the first incidentnow the second.The police officer that came out the second time said it was discipline .The child is seeing a theriapist therpist contacted CPS yesterday because he saw marks on the child. doctor told my fiance that it would not be long before someone in the house gets seriously hurt or taking out by the police.We contacted a Supervisor today at CPS and he said by the doctors report this case requires immediate attention.Can we refuse to return the child back to the mother when she comes to get him on sunday.and also will CPS do something about this.


Asked on 2/04/03, 3:06 pm

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

Re: want custody of 13 year old

If a court has granted legal and physical custody of the child to his mother, you must return him to her care.

Whether the CPS agency will find that there are conditions in the mother's home which warrant the

removal of the child and his placement somewhere else, is a matter which lies within the discretion of the agency and its child protective services workers.

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Answered on 2/04/03, 6:48 pm


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