Sharon R. Moss' answer As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.
"B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the...
Matthew Lane Kreitzer's answer Locating a new lawyer may be in order, as there are certainly methods for locating a birth mother that a lawyer can utilize known as "skip tracing." Find a lawyer who knows the term and how it works.
Va. Code § 20-124.2 says "B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of...
Matthew Lane Kreitzer's answer Adoption. The most preferred method would be an agreed step parent adoption. Biological father is entitled ot notice, and if biological father does not agree, you will need to have a child and prove that termination is in the child's best interest. These are hard cases, and mere abandonment rarely rises to a significant level if the biological father wants to resume a relationship.
Matthew Lane Kreitzer's answer Since the biological father is in jail this process is likely to be long and complicated. Biological father is entitled to have a Guardian ad Litem appointed to represent his interests if he is in jail on a felony. Additionally, it will be a contested hearing whereby you will have to overcome a substantial prejudice against unwed couples and a preference for biological parents. You have no hope of doing this without a lawyer if biological father does not consent. Even if he does, a lawyer is...
Sharon R. Moss' answer Does the child live in Virginia. If so, her Mother may petition the Court for a change of name, but the Father will still have to be served with the paperwork, and the Court will have to determine that a change of name is in the child's best interests.
Gary D. Godman's answer CPS/foster care cases can be long and involved. Contact the local DSS to let a worker know you are family and you are interested in taking custody of the children. DSS is required to look into family placements at certain stages of the process (though not required to make such a placement if it is not appropriate). You may also want to speak to a family law attorney.
Steve Miyares' answer Once your daughter turns 18 she is legally competent to change her name and will not need any parental approval to do so. Once she reaches her 18th birthday then she can retain an attorney to have her name legally changed regardless of what her biological father says.
Steve Miyares' answer You did not ask a question. However, if you are seeking to get custody then you should consult with a family law attorney in the local jurisdiction to discuss the facts and circumstances of your particular situation.
Gary D. Godman's answer There is one important question - does bio dad agree or disagree with an adoption? The answer will help give a clearer idea of the time and effort involved. You'll probably want to at least talk with a local family law / adoption attorney who knows the court in your county and is familiar with the process. Good luck!
Gary D. Godman's answer There doesn't appear to be any reason why you couldn't call the police or go to the magistrate for the ongoing situations (sexual battery) and/or stop going to that home and keep your child out of that home. You may want to get a consultation with an attorney to make a safety plan. Stay safe.
Shan Dimitris Potts' answer If you are US citizen you might be able to sponsor her for a green card, but she will have to wait until her priority date becomes current which may take more than 10 years. Talk to an immigration attorney regarding this situation. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
Shan Dimitris Potts' answer In order to bring someone to the United states you will need a visa for that person. Talk to an immigration attorney first to find out what options work for you. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice....
Kenneth Mitchell Kaplan's answer Yes, a Step-Parent Adoption is a very simple process which can be filed without the assistance of an attorney so long as you have the Consent and Answer and waiver of the parents.
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.