Q: I have obtained custody of my nephew 7/2016 from VA and am currently living in NC . I attempted to call court where
Order was first drafted but they stated case is currently closed I would like to give my mom custody of my nephew but I'm unsure on how to do that! Who's should I contact so that i may do the right thing legally
A: An attorney would need to see the language of the Court Order, before giving you definitive advice. If the Order was entered in VA, then the VA court would need to modify that order. A case is not "closed" until the child turns 18 years old, so something is off here. It may be that because you were given custody, the CPS case was closed. In either event, it sounds like the court order needs to be modified, if there was one. If there was no court order, and CPS just allowed you to act as the child's placement, then we'd need to see where things stand with CPS. There must be a court order somewhere, addressing who has legal custody of the child, if its not one/both of his parents (which needs to be modified, in order for you to give custody to your mother). If there isn't an order, then one needs to be obtained. Consult with a family law attorney, who is familiar with CPS cases, about what your options are. If you can find any paperwork related to the matter, provide that paperwork to the attorney to review.
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