QUESTION
Will a Custody hearing be delayed if a parent is in jail?
Asked on Feb 17th, 2020 on Child Custody - Virginia
More details to this question:
Last year, my husband and I were called by DSS to come pick up his son because he (my step son) and his 2 younger brothers were all removed from their mother's house. About a moth later my stepson was taken off the case and shortly after his mother was given the 2 youngest boys back. Fast forward until this week, and she was recently arrested for 2nd degree domestic violence on the father of her 2 youngest. She currently is awaiting trial , her husband is pressing charges and has a no contact order on her. We (my husband and I) have already filed a motion for full joint custody of my stepson, and our court date is in a little under a month she has a history of abuse and domestic violence so I just want to get all of our ducks in a row before our hearing
1 ANSWER
If the mother is in jail, the court has the authority to order the appointment of a Guardian ad Litem (GAL) to act on her behalf. If the court has not appointed a (GAL) the court may appoint a GAL upon request of either party. The GAL will appear in court for hearings and represent the best interest of the mother. As long as the mother has received proper notice of all hearings and proceedings, and it appears that her rights are being protected, the custody hearing will probably go forth. However, I cannot say will be the case without knowing what if any prior hearings have taken place, and whether she was made aware of those proceedings. The key to any hearing going forth is whether all parties to the proceeding have proper notice and the opportunity to be heard. Best of luck~
Answered on Mar 09th, 2020 at 11:22 AM