Legal Question in Family Law in Virginia
Family member Custody Rights
What rights do my wife and I have as far as getting custody of my sisters children, who have been taken by the state.
2 Answers from Attorneys
Re: Family member Custody Rights
Unfortunately we live in a society where no one has any rights as against the state when it comes to the forced adoptions of children. You could make your willingness to take custody known to the social worker, social service agency, judge, childrens' attorney, any way you can. But don't expect very much.
Re: Family member Custody Rights
There really are not enough facts, in your question to give you much of an answer other than generally. I assume these children were taken by the local DFS in Virginia. When the child or children cannot be returned to the parents or a parent, then other willing family members are to be considered, as a first alternative for placement. This is NOT automatic. You should take the first steps. If necessary file a petition seeking custody. If you want more information please feel free to call me, and I will try to answer any additional questions you have and I may even be able to point you in the right direction. There would, of course, be no charge for such a call. In any case good luck.