VA Custody Laws Temporary Custody Order Virginia Lawyer Fairfax

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Under the law of the state of Virginia, a parent or other involved parties can file a petition of temporary child custody if a child’s health or safety is in questioning under their current situation. In situations where the child is being abused, mistreated, or abandoned, instead of leaving a minor in foster care, a family member can interfere and petition the court for temporary custody of the minor in their safe and secure home.

In emergency custody, the motion does not necessarily have to meet the jurisdiction requirements as of the common custody and visitations cases. As long as the party filing for guardianship proves that they can take care of the welfare of the juvenile in his or her best interest, along with having a secure home for the juvenile to temporary live in. The juvenile isn’t obligated to be s resident of the state of Virginia, the procedure of the emergency guardianship petition can proceed, as long as the juvenile is in Virginia during the time of the petition.

Common situations where a juvenile’s well being may be at risk and a petition of emergency care must be filed include the following:

  1. If the custodial caretaker is a substance abuser or a substance distributor and thus endangering the juvenile’s health and security. Documentation such as the following must be presented to the court for the temporary guardianship to take place.
      • Any arrest records of the custodial caretaker
      • Any police reports involving the custodial caretaker
      • Medical records of the custodial caretaker
      • The juvenile’s psychiatrist evaluations
      • Protection from abuse orders
      • Records from Virginia’s Juvenile Protective Services involving the custodial caretaker
  2. If the juvenile has been either physically or sexually abused, or been threatened to have infliction of physical or sexual abuse by his or her custodial parent, an emergency juvenile care is sought immediately for threatening the safety of the minor. The assault of a minor is an extremely serious case, as the abused minor may continuously undergo active interference by the parent. Some abuse examples are mentioned below:
      • Asphyxiation of the minor.
      • The minor having cuts, bruises, scrapes or swellings resulting from physical abuse inflicted by the parent.
      • Exposure of the minor to illegal drugs.
      • The minor having broken or fractured bones.
      • Munchausen by Proxy Syndrome, which means that the parent makes the minor go through treatment of illnesses that the minor does not posses.
      • If the minor faces risks of injury or death via the parent.
      • Sexual abuse by the parent.
      • The minor’s exposure to inappropriate materials or acts.
  3. Acts of neglect towards the juvenile by the custodial parent. Neglect is a serious matter due to the juvenile being isolated and cannot be in the comfort of the parent. A neglected child has the right, under the lay of Virginia, to request for guardianship. Signs of neglect include:
      • Physical neglect, as in desertion and poor supervision of the child.
      • Mental neglect, as in over protection and disregarding serious mental health problems regarding the child.
      • Medical neglect, for instance, the refusal to provide medical treatments to the child.

If any of the signs mentioned above are evident in the life of the child, a petition temporary guardianship of the child may be filed. The natural parent may gain guardianship again if he or she go through treatment and become stable and better to take care of the well being of their child.

If you need a Virginia Child Custody lawyer to help you with your juvenile care case in Virginia, call us at 888-437-7747. Our Virginia Child Custody attorneys can help you. C