Legal Question in Family Law in Virginia

Re: Foster Parents

Before you rush out and hire a lawyer, you would be well advised to discuss the matter with the DSS

and their attorney(if you haven't already done so), as they would (apparently) still have legal

custody of the child. MH

Re: Foster Parents

I suggest you file a petition for custody in the Juvenile & Domestic Relations Court for the city/county where the child resides. You didn't say where the father had filed but the city/county where the child resides should be the proper venue for all petitions for custody of the child.

The law normally gives a preference to a natural parent over anyone else in granting custody. However, the ultimate standard is what is in the best interests of the child.

You should consult an attorney immediately. Find one who does a lot of Juvenile Court work.

Re: Foster Parents

In any custody case the court looks to determine what is in the best interest of the child. There is a legal presumption that it is in the best interest of the child to award custody to the parents. However, this presumption can be rebutted by clear and convincing evidence, and custody may be awarded to any other party with a legitimate interest in the child. It will help your case that you have cared for this child for the last 11 months while the father denied the paternity of the child. You could also argue that the child has formed a bond with you while or she has never bonded with the father. Also, gather information (i.e. evidence) of the father's life-style, home environment, ability to financially support the child, history of violence/aggression, etc. Basically, gather any and all information that shows why the child is better off with you and worse off in his custody!

If you have any questions, please do not hesitate to call my VA office at 703-598-9220 or my MD office at 301-652-0663.