Concerned aunt needs legal advice

My niece lives with me because my sister is homeless and on drugs. My custody court date is scheduled for 1/4/12,  and she wants her for the weekend. What do I do?


Asked over 8 years ago in Virginia
Categories: Family

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Reply by Admin Administrator


Hello there. This sounds like a situation in which you should consult with a family lawyer in your city to get the information you need. If you are looking for a lawyer, please feel free use our Lawyer Directory or free Lawyer Referral Service and we'll try to find a lawyer to help you with your legal problem.
 
 
 

Posted over 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Mel Williams

Answer by Mel Williams

VerifiedVirginia lawyer


While the custody issue is awaiting determination by the court (i.e., your 1/4/2012 hearing), any prior custody order remains in effect, unless a court has amended or altered it.  If no prior order has been entered or if any prior order in effect does not requrie you to honor the mother's wishes, then you are under no obligation to honor the mother's wishes. 
However, if you are keeping the child without any legal right to do so, then you could very well run into legal trouble if the mother reports to police that you are withholding her daughter from her.
These situations are very complex and frustrating to manage.  If you wish to consult further, then please contact me at 540-9082-3711, ext. 310.
 
Melvin E. Williams
Admitted in Virginia

Posted over 8 years ago

Melvin E. Williams GRIMES & WILLIAMS, P.C. Franklin Commons 320 Elm Avenue, S.W. Roanoke, Virginia 24016 540-982-3711 540-345-6572 facsimile mwilliams@grimesandwilliams.com www.grimesandwilliams.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Mel Williams, or search the Lawyer Directory.

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