I have been raising a child that was born with her mother in jail, I have had her since she was 1 and a half weeks old. But her grandfather has temp. legal custody, but has never kept her over night and sees her maybe once a month. The mother and father who are both incarcerated, know and agree that she stay with me. I am not a blood relative, the grandfather has broken many laws which I have tried to get him to do this legit by asking for temp co-custody. Which he will not do, He is frauding medicade, food stamps, TANF, WIC and the IRS. He is not fit to have her and I want to know how I go about getting the court to grant me legal temp custody? He has basically in the courts eyes abandoned her right?
Ms. Burke,
Unfortunately, courts throughout most of Virginia are operating on a limited schedule, due to the Corvid19 pandemic, dealing only with emergency matters. Once the Courts reopen, you may wish to contact your local court to discuss the intake procedures necessary to file a custody petition.
Filing a petition has nothing to do with the merits of the case. Once a petition has been filed, it will be your responsibility to present factual evidence to the court, during your hearing, which is consistent with existing laws to support your position. If you are not a birth parent, you may be regarded as a person with a legitimate interest, which gives you standing to file. This fact notwithstanding, your case will be resolved in accordance with laws dealing with third party litigants. This type of case carries with it special rules that differ from the typical parental dispute.
In order to protect the interest of the child, I suggest that you contact an experienced family lawyer in your area to set up a consultation. This will provide an opportunity for you to discuss the matter in greater detail. Most lawyers charge for consultations, therefore, you need to discuss the cost of a consultation before arranging a meeting. Best of luck~
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