Child Custody Rights Explained

Summary

If you were found not guilty, you can seek custody or visitation. Courts prioritize the childs best interests. If denied visitation while the other parent with a neglect record gets it, consider hiring a family law attorney and requesting a modification. Judges must be impartial; file a complaint if biased. Caseworkers can recommend separation if your partner poses a risk but consult a family law attorney for advice.

Full Conversation

I was wondering what my rights are if my kids were taken away from me but I was founded not guilty of anything? Should I have my kids back? What are my visitation rights?
Hi Kelly, could you please specify your location? Laws on child custody and visitation rights can vary depending on the jurisdiction.
Madison, Virginia
Hello Kelly, in Virginia:
- If you were not found guilty of any charges, you have the right to seek custody or visitation.
- Factors considered by courts include child's best interests, parent's mental and physical health, etc.
- Consult a family law attorney for personalized advice.
What if they won’t let me have visitation rights but give there dad who has child neglect on his record visitation right?
In Virginia, courts prioritize child's best interests. Even if a parent has a neglect record, they may get visitation if it's beneficial for the child. If you feel this is unjust, consider:
- Hiring a family law attorney
- Requesting a modification of the visitation order.
These steps can help ensure your rights are protected.
What if the judge won’t ever let me speak
I'm sorry to hear that, Kelly. It's important to know that you have the right to be heard in court. If you feel that your rights are being violated, you could consider:
- Hiring a lawyer to represent you
- Filing a complaint with the Virginia Judicial Inquiry and Review Commission
Remember, this is general advice. Always consult with a legal professional.
Is the judge allowed to be biased and say my case was the worst he’s ever seen?
Judges should remain unbiased and impartial. In Virginia:
- Judges must follow the Code of Judicial Conduct, which requires impartiality.
- If you feel a judge is biased, you can file a complaint with the Virginia Judicial Inquiry and Review Commission.
- Consult a lawyer for guidance on the process.
Is a child case worker allowed to tell me I need to leave my significant other to get my kids back or stop fighting for my kids
In Virginia:
- Caseworkers can make recommendations for the child's best interest.
- If your significant other poses a risk to the child, they might suggest separation.
- This does not mean you have to stop fighting for your kids. Consult a family law attorney for personalized advice.