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My daughter and her husband handed their kids over to me…

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My daughter and her...

My daughter and her husband handed their kids over to me when CPS was called because they where sleeping under a tarp. They left their rental home and all their possesions. They abandoned thier vehicle and ditched thier id's. I have been caring for them since 9-1-17 I can no longer take care of them and have another relative that is willing to take all 3 boys in. I was told they could file an emergency protective order and a UCCJEA becuase they parents and kids lived in Maryland. I am in Virgina and so is the relative willing to take them in. They were met with resistance at the courts and said that they didn't think so. What do we do and is the clerk wrong? All I have is a letter from the parents giving me permission to make all medical decisions while in my care and a letter from CPS to call the local police if the parents show up. We can not get in touch with the parents. We need to be able to apply for benefits for the children.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

We reside in Virgina and the parents/boys lived in Maryland

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, I was told we could file the Emergency protective order and the UCCJEA but when the relative went to file the papers the clerk did not think they could do it. She is willing to take in all 3 boys. 1,2 and 4. but needs to be able to apply for benefits for them and I was told by filing the protective order it would grant them custody for 14 days...and then up to 2 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 10 months ago.Category: Family Law
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Answered in 4 minutes by:
9/19/2017
Family Lawyer: JD 1992, Lawyer replied 10 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 10 months ago

Please allow me several minutes to read your facts and type my response.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Customer reply replied 10 months ago
okay, thank you
Family Lawyer: JD 1992, Lawyer replied 10 months ago

Virginia would not have jurisdiction over the children if they are living in Maryland. I'm not sure why the clerk would tell you that other than the clerks often think they understand the law but do not. There also may be an issue with the other relative filing for any type of custody of the children as they may lack "standing" which is the legal right to bring a lawsuit. You would have to file all of your docuents in Maryland and have a lawyer there look at the statutes and facts first to determine whether the other relative does have standing.

Also, be aware that many judges will require anyone seeking custody of children to retain a lawyer for the children (who will be appointed by the court) as well as potentially a lawyer for the parents if they can't be located to be served. This is even more likely to occur if you are representing yourself. In addition, if you reside out of state the court will require you to put up a bond and get someone in the state to register as your agent for service. If you have an attorney representing you the judge will not require an agent and may not require a bond for anything except the protective order or an injunction. Finally there can also be an issue with you or the relative attempting to file for protective order for the children since only licensed attorneys can file papers or appear in court on behalf of another person.

To summarize, based on your facts Virginia is not the correct court for the case and it likely needs to be filed in Maryland. The UCCJA applies in all child custody cases but it doesn't allow you to file in a court that doens't have jurisdiction in the first place.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 10 months ago
I spoke with a Virgina attorney who prompted us to file the Portective Order and UCCJA. When my family member that is willing to take the kids, they were told by the clerk that they didn't think they could do so. I know that we can also wait 6 months and then we could apply for custody...but we were trying to establish some sort of custody to be apply to apply for benefits for the children. ( daycare, etc ) This is not an active case thur CPS in Maryland. I had them involved when I filed a missing persons report on my daughter and children and they where able to get the kids becuase they were sleeping on the river under a tarp and barefooted with bug bites. The parents handed them over to give them to me but I can no longer take care of them.
Customer reply replied 10 months ago
Was the attorney that I spoke with wrong?
Family Lawyer: JD 1992, Lawyer replied 10 months ago

You can still apply for temporary custody through Maryland. A protective order could be issued in Virginia if the children are physicaly present in Virginia but many judges require that the acts complained of have occurred in Virginia as well Attempting to sue someone in a state in which they don't have contact is unconstitutional at its core. You can get temporary custody in Maryland, assuming the judge grants it and then after the children have lived in Virginia the required period of time, which is either 6 months or a year, you can file a case in Virginia and dismiss the one in Maryland.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 10 months ago
Okay, thank you for your time.
Family Lawyer: JD 1992, Lawyer replied 10 months ago

You are very welcome. Please do not forget to leave your 5-star positive rating so I receive credit for my work.

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