Recovering Cutody After Getting My Life in Order

[Leigha]

My question involves a child custody case from the State of: Virginia
My parents have full custody of my almost two year old daughter, and have had custody of her for a little over a year now. The judge that ordered this I felt was unfair to me as a mother who was not found unfit by any means! My parents are wealthy people and at the time they could provide her with the best care. My childs father was using drugs and at times was abusive towards me but not ever after we had our daughter. He was seeing another woman behind my back and I found out well this lady called CPS as well as my parents and told them that both of us were using drugs and leaving my infant unattended. None of this was true she was just seeking revenge. In court we were both asked to take drug tests that day I said that I would however they never tested me that day. My parents were awarded temperary custody. I left my daughters dad because he was using drugs come to find out and became abusive again. I was stable and had a vehicle a job and a home for my daughter the next time we went to court. The judge still ruled that my parents have full custody I even had a hair test done and came back clean! I am ready to have my daughter back my mother is not letting me see her like I should and wont even let me have pictures of her. The last time I was able to see her was mothers day! I need to know all legal actions I can take and things that may help me win the custody case I am about to go through again. Also I wanted to request a different judge is that even possible? Do I have a chance at getting my daughter back being its been a little over a year since my parents have had custody of my daughter?
Thanks so much
A mother missing her daughter!

[Dogmatique]

Your daughter is not yet two, but your parents have had custody for over a year - that's more than half of her life.

In all likelihood, the judge ordered full custody because of status quo.

Do you have an order of visitation? Did CPS give you a case plan to complete?

[Mr. Knowitall]

If the placement was the result of protective services intervention, you should have a court order that describes the steps you need to take before the court will consider ending the guardianship by your parents.

You clearly had significant problems going on in your life if CPS felt that the child should be removed from your custody, your parents have had custody of your child for a year and you're only just now "ready to have [your] daughter back." We don't know any of the background facts, but obviously the court does - and no, that isn't a basis to get a different judge, but from the standpoint of judicial efficiency and protecting the best interest of the child is actually a good reason to keep the case before the same judge.

As we don't have the relevant facts, you should discuss the details of your case with a lawyer.

[Leigha]

Thank you! To answer your question on the other post CPS was in my favor for me having custody of my daughter they did not have a plan for me to complete, they just made a home visit and I even had a letter from the worker to present to the judge when going back to court the second time. And there is a visitation order and it is not being followed!

[Mr. Knowitall]

If you want to terminate the guardianship, petition the court to terminate the guardianship. Read about guardianship here.

If you want to enforce the visitation order, petition the court for enforcement of the visitation order.

[Leigha]

There is no gaurdianship it is full custody and I did not give them custody the judge ordered it.