Gate City, VA asked in Appeals / Appellate Law, Divorce and Family Law for Virginia

Q: What happens if divorce occurs during trial with Child Protective Services?

What happens if a couple, whose child was placed in the custody of a family member due to unsafe living conditions and failed drug tests, but who are still married after the court has already ruled against them regaining custody (but who have appealed that decision,) file for divorce or separate before the appeal is heard?

Could the mother, who would be filing for divorce in the grounds of either abuse or abandonment, regain custody of her child, or at least get some sort of injunction that the husbands parents (who have full custody presently,) cannot fully keep her away from the child?

Would her moving in with another man before the custody is final - even if that man is a financially stable individual with no negative legal history - negatively affect her rights in a custody battle?

Thank you for your help.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL

A: Yes, it is possible that the mother would be awarded custody under these circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.