Grandparents Visitation Rights Fairfax Virginia Custody Lawyer Juvenile Code 20-124.2
Rita v Commonwealth
Mother appealed the juvenile court order that granted the paternal grandparents’ petition for visitation rights, alleging not that the child should be prevented from seeing her paternal grandparents, but to set the specifics of the visitations because the parties could not, or would not, do so voluntarily.
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The Virginia Court made the following holding:
- There is no common law right of visitation for grandparents. However, Va. Code Ann. § 20-124.2(B) permits grandparents, and certain others, to seek visitation.
- The court shall give due regard to the primacy of the parent-child relationship but may, upon a showing by clear and convincing evidence that the best interest of the child would be served thereby, award visitation to any other person with a legitimate interest.
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Article written by A Sris
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.