QUESTION
My sister is wanting custody back after being in jail..?
Asked on Nov 05th, 2011 on Family Law - Virginia
More details to this question:
My father has had legal temporary custody of my two nephews for the past year, but has taken care of them since they were first born. My sister actually signed her rights over and then was locked up. My sister was locked up in May 2011 and is possibly getting out in February 2012 and is claiming to move to North Carolina from Virginia, "Straighten her life out" and get custody back of the boys. The thing is, the boys are adjusted here and one of them doesn''t even know her. Does she stand a chance although she''s had numerous chances to raise thme?
1 ANSWER
1 Award
Your sister certainly has standing to bring such a case. Her chances of success would be determined by many, many considerations. Certainly the exact langauge of the current order would have a big say in it, to determine what her basic current rights are. She would have to file to amend that order. What she did to put her in jail would be a huge factor, as well as her relationship with the child prior to going to jail, and the child's current relationship with the current primary custodian also would be amongst some of the most relevant factors.
The basic determination the court will look at in deciding who to give custody to, and what visitation anyone else should have, is the best interests of the child, with a basic assumption that having a former parent involved again in the child's life is generally something to support in some way.
If there happens to also be an order terminating parental rights, restoring those can be much much more difficult.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Dec 09th, 2011 at 1:39 PM