Legal Question in Family Law in Virginia

My sister and and brother-in-law are getting a divorce and right now they have joint custody of my 14 year old niece whom has Down Syndrome and Autism and is Type 1 Diabetic.My sister is in Canada and there kids are still living with there dad. My issue is as time has gone by I feel my brother-in-law is not capable of careing for my handycapped niece the way she should be taken care of. I have beenhelping take care of her ever since she was born and I ALWAYS will.

My brother-in-law just doesnt get it when it comes to takeing good care of her. He doesnt check her blood sugar as often as it suppost to be checked. There are days it only gets checked once. He lets her eat what ever she wants, even if its over the carb amount she is suppost to have. He has went months without getting her birthcontrol pills even after I had them refilled for her

( and its most because of price there paid for!)

He still lets her sleep in the same bed with him even though shes 14 and he sleeps in his underware.....that is just really wronge in my book. He has yelled at her,cused at her slapped

her leg all just because she was a little cranky...you just cant do that to a mentaly handycapped

child!!!

I wish I could get custody of her myself but being I'm just her aunt I know that is not going to happen. My sister said she would gladly give my some kind of custodial rights till she gets

herself settled to where she can be with her BUT!! my Brother-in-Law is saying is has filed for

Sole physical custody and we ALL dont want that but my sister does not have the $5000.00 to

pay her lawyer to fight him if he does this. What on earth can I do??? I dont want him to have and

kind of total custody in any way shape or form......Please someone give some needed HELP :(

THANKS FOR READING THIS.


Asked on 11/13/10, 11:51 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Your sister should contact one of the low cost legal services providers in the

area where she resides to determine whether she migh qualify for one

of their attorneys to assit her with her custody matter.

Read more
Answered on 11/19/10, 7:29 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia