Legal Question in Family Law in Virginia

get parential rights taken away

my grandson is 4 years old and i got temporary custody of him when he was 9 months old and his mother has no job no home and drinks too and she only sees him once in a while and most times she is drunk much his dad has no job no home and does and sells drugs and has seen him twice in 6 months so i wandering should i and can i get full custody or get both of there parentail rights taken away

Asked on 5/26/07, 11:11 pm

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: get parential rights taken away

Custody is always subject to review and you have that. You do not need to petition for permanent custody. If one of the child's parents wants to regain custody that's when you have to put up a challenge.

The question of whether it is time to divest the parents of their parental rights and try to adopt is a tricky one. Arguably the parents will not want to be divested and you must prove that they are unwilling to make efforts to regain their custody or that they pose a threat to the child's welfare. They may just rehabilitate enough to keep you from adopting. You need the advice and help of a seasoned adoption attorney to make that call and to guide you through the process.

Good luck.

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Answered on 5/28/07, 12:16 pm

Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: get parential rights taken away

Grandparents are permitted to seek custody where it is in the best interest of the child, and the parent is unfit. As such a case involves significant issues (and emotions) I advise that you consult an attorney directly.

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Answered on 5/27/07, 10:22 am

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