Legal Question in Family Law in Virginia
I just learned my sister's son (my nephew) is living with her exboyfriend's (not the fathers) parents in VA. I live in CO and want to go get him; I feel he has been abandoned. Do I have any legal right? My sister and I are estranged and I haven't been able to get a hold of the family he is with.
1 Answer from Attorneys
No, you apparently have no currently valid custodial claims to this minor child
as the child's aunt which have been awarded by a court of proper jurisdiction in this matter. You would need to file for custodial rights in such a court whether
it be in Virginia or Colorado, depending upon how long the child has been
in residence in one state or the other.
Of course, if these adults now harboring the boy in Virginia would be willing to turn him over to you voluntarily, there would be nothing to prevent you from your taking him to Colorado where you should then be able to file
for custody of him once he's resided in the state continuously for at least six months.
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