Simons, Thurman & Fix, P.C.

Serving Rockbridge County for 30+ Years!

Non-biological father wins sole custody from unfit parent – May 2023

There are no cases more important than those that deal with the safety of your children. This is true even if the children in question are not yours biologically. But when a client revealed he had raised his two teenagers since their early childhood, feeding them, clothing them, taking them to their doctor’s appointments and making sure their needs were met, it was clear to our firm that he was the emotional and legitimate father of these children. This was true even if they weren’t his genetic progeny.

Unfortunately the constitutional presumption is that children should be with their biological parents. This is true even when the biological parent has succumbed to addiction and has continually placed their children in danger. This presumption can be very difficult to overcome, and is considered one of the strongest presumptions in family law.

Through hard work and continual communication with his client through an evolving and difficult situation, Mr. Benjamin Thurman was able to gather the necessary evidence to secure custody of these children for his client. By gathering the testimony of various officials and law enforcement, Mr. Thurman was able to convince the Court that the children’s best interests were served by being with the man who had raised them: their father.

After hearing all of the evidence, the Court went a step further and found the mother was an unfit parent. In order to do this the Court needed to find clear and convincing evidence of unfitness and special circumstances. This is a rare result outside of state cases involving child protective services, but it means that the children’s future has been safeguarded by placing them with their emotional father who can safely meet all of their needs.

It is always a pleasure to serve our clients and assist them in obtaining their legal goals. Our firm takes a special satisfaction in safeguarding children and ensuring they will be with those that can provide for them and keep them safe. We consider it a sacred duty and can assist you with ensuring your children are also protected. Please call our office for a consultation on family law today.