Legal Question in Family Law in Virginia
My female cousin was arrested on 11/27/10 for attempted murder on her paramour whom she shares a three year old child. They lived in a home together but the relationship has been riddled with domestic violence for over 12 years. This incident occurred in front of the child. If my cousin gave me a notarized letter stating that I could take her child to stay with me in VA could the father have me charged with kidnapping? If so, what is the law. The child is currently staying with her maternal aunt however, she does visit with the father sometimes. I am the maternal cousin. Should I just file for custody?
2 Answers from Attorneys
Assuming that the mother has been released on bail by now, why would you
need to remove her child to Virginia to stay with you?
Furthermore, in any adjudication between you and the father concerning this
child's custody, absent a showing of parental unfitness on his part by
a preponderance of the evidence, the father's standing in the matter as the natural parent would be considered superior to yours and would likely be reason enough for a court considering the matter to award custody of the child to him rather than to you (in my opinion).
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