Legal Question in Family Law in Virginia

Help! My kids are in foster care

I was arrested in March for drug distribution charges from last July. My children went to stay with a close family friend, but not a blood relative. My uncle thought they should be in foster care and alerted social services. My children were taken since the family friend had no legal rights to the kids. I've been out on bond since then, have abided with all dss requests and visits but have not gone to trial. My lawyer keeps continuing the case since I'm working and doing so well. I've also been drug-free (and this can be verified) since last November. DSS won't return my children although I've met all the terms of their contract because I haven't gone to trial yet. I have a POA and guardianship papers for the family friend to take my children in the event I get jailtime. Can DSS legally refuse to return custody to me just because I haven't been to trial. It may be several more months before I do go to trial.


Asked on 10/26/07, 7:36 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Help! My kids are in foster care

Yes, very likely they can.

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Answered on 10/27/07, 6:52 am


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