Legal Question in Family Law in Virginia

My question is, My 20 year old son has had custody of his 4 year old daughter since birth. The mother has had no type of custody due to the fact of getting in some legal trooble over the years. The mother has had visitation but no overnights. My son has recently been charged with burglary and grand larceney. He and others robbed a drug dealer so obviously my son also has some drug dependancy issues. From the time this chiold was born my husband and myself have totally taken care of this child, she has lived with us from birth. My son has cotributed financially a few times, the mother nothing at all. The mother now has a new born baby, no job, no place to live. Sometimes the mother stays at her lesbian girlfriend's mother's house or at different friends homes. If my son goes to jail, or is convicted of this crime and looses custody is it automatic that my grandaughter's mother get custody? Do my husband and myself stand a chance to get custody? Will the courts remove her from the oly home she has ever known?


Asked on 2/19/12, 2:12 pm

2 Answer from Attorneys
Robert Beard Attorney at Law

Unless a court enters an order to the contrary, the child's mother as the natural guardian of the child would in my opinion be the default custodian. Your son might strongly consider filing a petition requesting that custody of the child be placed with you now to avoid unpleasantness in the near future.

Good luck.

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Answered on 2/19/12, 2:17 pm


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