Summary
As a biological parent in Virginia, you have rights unless proven unfit. You can contest custody arrangements in court. The court considers the childs best interest, including factors like the parents age. Free legal aid is available through organizations like Virginia Legal Aid Society. After giving birth, you generally have initial custody rights. Disputing custody can take months to over a year. You can usually keep your baby during the dispute unless the court orders otherwise. Guardianship doesnt mean absolute control over your decisions as an adult. Consult a family law attorney for specific advice.Full Conversation
Virginia and yes I am but how can I stop my baby from going to my adopted parents I do live in a group home
I'm sorry to hear about your situation. In Virginia, you have some rights:
- As the biological parent, you have rights unless it's proven you're unfit.
- You can contest any custody arrangements.
Please consult a local family law attorney for specific advice.
What do you mean by contest?
"Contest" in legal terms means to challenge or dispute a decision or arrangement. In your case, if your adopted parents try to gain custody of your baby, you can contest it, i.e., oppose their request in court.
What happens if I oppose it?
If you oppose the custody arrangement:
- A hearing will be scheduled where both parties present evidence supporting their claim.
- The court will decide based on the child's best interest.
- If you're deemed unfit, the court may grant guardianship to your adopted parents.
Reach out to a local family law attorney for detailed help.
Even tho my adopted parents are in their 70s
The court considers the child's best interest, which includes factors like the parents' age. However, being in their 70s doesn't necessarily disqualify your adopted parents. It's important to discuss your concerns with a family law attorney.
How can I get a free family lawyer?
In Virginia, you can try the following options to get free legal assistance:
- Reach out to Virginia Legal Aid Society at (*) *-*.
- Contact Central Virginia Legal Aid Society.
- Check with law schools in your area, some offer free legal clinics.
Always verify the services before proceeding.
So what happens to my baby after I give birth?
After you give birth:
- As a biological mother, you have initial custody rights.
- If you're in a group home, the staff may assist you.
- If child custody is disputed, it'll be decided in court.
- Until then, you generally have the right to keep your baby. Remember to talk to a lawyer.
How long does it take to dispute child custody?
The duration to dispute child custody varies:
- Depends on the complexity of the case.
- May take few months to over a year.
- Mediation or negotiation can speed up the process.
Discuss timelines with your chosen family law attorney.
Will I be able to keep my baby til then? Or will my adopted parents have my baby?
In most cases:
- You should be able to keep your baby while the dispute is ongoing.
- The court can make interim orders about where the child lives.
- If there's an immediate risk to the child, the court can order a different arrangement.
Consult your lawyer for specifics.
Where there be a place I can go other than the group home to take care of my baby?
Do you have any friends or family members who could provide a safe environment for you and your baby? If not, there are several organizations in Virginia that support young mothers. Would you like information about these organizations?
Yes but my adopted mom is my guardian so would she have the say on where I could go?
In Virginia, guardianship doesn't mean absolute control over your decisions. As an adult, you generally have the right to decide where you live. However, consult with a family law attorney to understand the specifics of your case.