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.


Asked on 5/28/04, 9:59 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 5/29/04, 1:09 am
Patrick Stiehm Stiehm Law Office

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.

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Answered on 5/29/04, 1:23 pm


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