Roanoke, VA asked in Family Law and Child Custody for Virginia

Q: Do I have to let my 2 year old and 3 year old go back to my husband and his girlfriend's home after she failed cps drug

Test. I have schedule an appointment to file for custody on October 7th. There is no custody agreement between is at this point.

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Divorce Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: In the absence of a court order or written agreement, both parents have equal rights to, and responsibilities for, their minor children. You question does not address how CPS became involved with your husband's girlfriend, why she was subject to testing, what drugs were involved, where the drug use took place, and how this might affect your children while staying with your husband. A simple solution might be she is not allowed to be present while the children are with your husband.

You should consult with an experienced Virginia family law lawyer to discuss these issues and others relevant to your custody case.

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