QUESTION

Gardien ship

Asked on Apr 14th, 2020 on Child Custody - Virginia
More details to this question:
My sister is a horrible mother she leaves him home she is neglectful and my parents take care of him all of his life, her most recent stunt she disappears for days on end and she has a compromised immune system and during these covid19 days my parents feel that she is putting them and her son in harms way, my father wants her to leave but she always threatens to take my nephew with her and her friends are pot head alcoholics, what can my parents do as far as getting some sort of parental rights
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1 ANSWER

Family Law Attorney serving Fairfax, VA
2 Awards
Unfortunately, the courts are closed during this pandemic and will only hear emergency matters.  The issue of what constitutes an emergency is a factual question, which can only be decided once the case is filed.  As for giving your parents rights, this is not going to be easy because when a non-parent seeks custody it is regarded as a third-party action.  These cases impose a higher legal burden on the non-parent to demonstrate why it is in the child's best interest to divest a parent of fundamental rights to provide for the care and custody of a child. Lawyers.com provides general information and not legal advice.  Consequently, your question cannot be answered in this forum.  I suggest that you contact an experienced family lawyer in your area to discuss all options, based upon the facts in your case. Please note that most lawyers charge by the hour for an initial consultation.  Therefore, you should discuss this matter upfront to avoid any misunderstandings about fees.  Best of luck~
Answered on Apr 28th, 2020 at 10:15 AM

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