Legal Question in Family Law in Virginia

what are my rights as a parent

my daughter has been a handful for the past three years.recently she tried to have me arrested, filed charges of sexual abuse against her stepfather , shot herself in the abdomen. once released from the hospital, she was sent directly to a psychiatric facility and diagnosed with personality disorder, dystemic ADHD, and deep depression.

in view of this, the case against my husband has been nol processed. does social services have the right to keep my daughter from returning home when she finishes her treatment? she is 15 years old and has since making the allegations, recanted and apologized to us both and wants to come home. i was told by social services that they would get a restraining order to keep her from being in the home with her whole family. i have two smaller children who have no idea what's going on and i am totally stressed out and have no idea what to do. please help me. i am open to any and all suggestions.


Asked on 11/07/02, 6:00 am

2 Answers from Attorneys

Wayne Comer Wayne E. Comer, Esquire

Re: what are my rights as a parent

I have not reviewed the reply of attorney Stiehm

in detail but I am inclined to concurr.

I would add that I have some experience with the juvenile caseworkers in FAIRFAX County and have found them to be generally quite sound in cases like this. I hope you have given them your sincere cooperation and consultation. They are probaby right. My guess is that whatever order has been entered is just temporary and coming for review on a date certain.

WEC Gallows Rd., Fairfax County, VA.

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Answered on 11/13/02, 3:47 pm
Patrick Stiehm Stiehm Law Office

Re: what are my rights as a parent

Has there been any proceedings in the Juvenile & Domestic Relations Court in your county, where the department is seeking a finding of abuse and/or neglect? If so is there any order in effect? If the answer to these questions is yes, they probably do have a right, under the order, to

keep her from returning home. These proceedings can be long and painful for the parents. You

really need to consult with an attorney who regularly practices in this area of the law. To much is at stake and you cannot get sufficient information and counsel on the web to fully protect your interests.

If you want to ask a few basic questions, I will be happy to talk to you, no charge. I do these

kinds of cases regularly.

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Answered on 11/07/02, 2:50 pm


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