Legal Question in Family Law in Virginia

The courts took my cousins two young daughters away for child neglect and abuse and failing a drug test for meth. It was not the first time CPS had been involved. One was exactly two when removed the other six months. The baby tested positive for ingesting meth. The two year old was very behind socially and developmentally. She is facing criminal charges for abuse and neglect. They have been out of the home for six months. They have supervised visitation where they have made some but been late or not showed for others due to transportation issues. They have been in drug counseling just to continue going to the subcutex clinic. What are the chances of them regaining custody. How long would they need to be out of home before parental rights are terminated.

Asked on 2/22/19, 8:43 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

As to regaining custody, of course it depends on how a judge would regard the evidence, but I was involved in a very similar case some while back and the judge said, "Come back to me after you have been clean for a year."

The issue of termination of parental rights would have to be heard by a judge; there would be no automatic termination of rights just because the parents had been separated from the kids for some period of time.

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Answered on 2/22/19, 10:27 am

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