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rn12rw2

Member
What is the name of your state?Va.

2nd dui in ten years and manslaughter. She was convicted yesterday. Sentencing is on July 12, 2005. She is still out on bond. Toxicology test also showed marijuana use. I am in the process of getting the order and toxicology test papers to prove to the courts of this. She also had to relinquish her DL to the court. I want to get my daughter now. At this time we have 50/50 Physical and legal custody. I talked to my lawyer and he says he can't guarantee me even a temporary full custody until her sentencing. What gives in this world to prove an unfit parent? I was told by so many lawyers and people to wait until she is convicted and now I have to wait 3 more months for the sentencing?
 
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Phnx02

Member
rn12rw2 said:
What is the name of your state?Va.

2nd dui in ten years and manslaughter. She was convicted yesterday. Sentencing is on July 12, 2005. She is still out on bond. Toxicology test also showed marijuana use. I am in the process of getting the order and toxicology test papers to prove to the courts of this. She also had to relinquish her DL to the court. I want to get my daughter now. At this time we have 50/50 Physical and legal custody. I talked to my lawyer and he says he can't guarantee me even a temporary full custody until her sentencing. What gives in this world to prove an unfit parent? I was told by so many lawyers and people to wait until she is convicted and now I have to wait 3 more months for the sentencing?

Your ex was convicted of manslaughter and is out on bond for 3 months with possesion of the child? And you're told you can't even get temporary custody until the day she'll more than likely be hauled off to jail in chains? This is ludicrious! So what if your lawyer says he can't "guarantee" custody until then......file for it now anyways! Short of finding a new lawyer, I'd be "raising a stink" any way I could.....contact your local social services agency or even your local news station. You'd be surprised how fast things can change once you get people like this involved.
 

VeronicaGia

Senior Member
Your attorney is saying he/she cannot guarantee anything. This is true, the judge rules. But it should not stop you from filing NOW. Even if it means getting another attorney.
 

rn12rw2

Member
I have retained another attorney now. The court order of her case won't be available for atleast another week. We will be filing next week. At least this lawyer believes I have a very good chance of getting my daughter now!
 

VeronicaGia

Senior Member
rn12rw2 said:
I have retained another attorney now. The court order of her case won't be available for atleast another week. We will be filing next week. At least this lawyer believes I have a very good chance of getting my daughter now!

Another excellent website: www.deltabravo.net

You should search for VA family, custody and child support laws. Read them, do your best to understand them, and be educated in the ways of the law. Also search for VA case law and see if you can find anything there regarding your type of case.

Educate yourself, don't go into this blindly.
 

rn12rw2

Member
Mother was sentenced today.....

6 mos. to be served in local jail for dui. 2years and 4 mos. in the pen for manslaughter. Her lawyer asked for info on bond for appeal. The judge set an assurance appeal bond for $25,000. I've tried to google it but can't really get the info on it. She is still in jail as of tonight. I do have my daughter of course. Custody was filed for in June. Our court date will be August 1st. hopefully she will still be in an orange jump suit.
 
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