Legal Question in Family Law in Virginia

My boyfriend's ex was unfit to be a parent to their son. He and his parents stepped in. My boyfriend's parents now have custody because my boyfriend was unable to care for the boy at the time. My question is if the mother does not have any legal rights to the child, why must she be noticed anytime there is a court hearing about the child (her mother filed for visitation)? Also, if my boyfriend is now able to care for the child and his parents are willing to sign over custody, will the courts allow him to regain his par ental rights?

Asked on 7/14/13, 7:27 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Unless this supposedly unfit mother's parental rights have been terminated, she

is still very much "a player", so to speak, in any custody/visitation proceedings which involve her son and which explains as to why she must be given notice of

any scheduled hearings involving these matters.

In regard to your last question, only the court can decide whether such a transfer of custody to your boyfriend from his parents would be in this child's best interests after reviewing the relevant factors which it must consider in

deciding such a matter.

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Answered on 7/14/13, 8:43 pm

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