non-bio custodial mom

[juliann]

I am non bio custodial parent of a 9 yo emotional special needs child (former foster mom). This child was in foster care for 5 years prior to custody. Bio mom has been in jail for the past 2 yrs. She will be paroled summer of 2002. She is going to file for custody when she gets out. Father is on a work release program. Neither parents rights have been terminated.What should I do? Is there a chance that she could get this little girl? Juliann in Va.

 

[LegalBeagle]

I am non bio custodial parent of a 9 yo emotional special needs child (former foster mom). This child was in foster care for 5 years prior to custody. Bio mom has been in jail for the past 2 yrs. She will be paroled summer of 2002. She is going to file for custody when she gets out. Father is on a work release program. Neither parents rights have been terminated.What should I do? Is there a chance that she could get this little girl? Juliann in Va.

If you currently have custody (how long?) then it is highly unlikely that the bio mom will be able to walk out of prison and just win custody. The courts will want to see her get her life back together, prove she is stable and can provide a home for the child. They also want to see her keep regular visitation with the child and for a relationship to grow with no reported problems.

If all the above happens then she could file and win custody in 2-3 years time.

 

[juliann]

I have had custody since 12/00. In the custody order there is no provision for visitation by the parents. It only says that contact should be maintained with siblings. Thanks for your help!

 

[LegalBeagle]

I have had custody since 12/00. In the custody order there is no provision for visitation by the parents. It only says that contact should be maintained with siblings. Thanks for your help!

Then the first move will be up to her. Ensure the first couple of visits are fully supervised and watch for problems or distress. The moment things go wrong, talk to an attorney or the agency who dealth with all of the legal issues.

 

[juliann]

Thanks, for taking the time to reply. You have really put my mind at ease.I am so scared for this little one. Thanks again, juliann