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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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My step-daughter lives in VA, and her mother loss her custodial

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My step-daughter lives in VA, and her mother loss her custodial right to her mother ( the child's grand mother) and now the child and the grandmother is about to be evicted from their home. The child has also bee withdrawn from school because she doesn't go. The father of the child (my husband) was deported from the country and now would like the child to come reside with him. Legally, how can I get the grandparent to relinquish her custodial right in the best interest of the child?
Submitted: 7 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 7 years ago.
The father would have to obtain some type of resident status to petition the VA court for custody. He can file a petition but the grandmother would be given preference even with what information you stated because he does not live in the US. You do not have the ability to petition the court over the grandmother because there is no biological or legal connection between you and the child. Unfortunately there is no way to force the grandparent to relinquish custody as it would have to be voluntary unless the father can return.
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