The Legitimate Interest:
A “legitimate interest”, in accordance to the laws of Virginia, means that the grandparent has a good reason for his/her visitation or custody. If the visitation is for the upbringing of that child or its with the best interests of that child, then it is allowed.
The Visitation Rights of Grandparents in Virginia:
A grandparent can request visitation to their grandchild if he/she has a legitimate interest in the healthy upbringing of their grandchild. However, the non-custodial grandparent is allowed to visit first if the grandparents have been granted sole custody. The submission of an independent psychological or mental health evaluation may be a requirement by the grandparents. Moreover, the grandchild might have to do the same interview. The benefits that a grandparent might offer to their grandchild will be checked by a medical professional appointed by the court. Furthermore, in accordance to the laws of Virginia, if both parents disagree on the visitation of the grandparent, then the grandparent must prove that harm will be inflicted on the child’s health if the grandparent does not visit and he/she must also prove that the visitation would be in the best interests of the child. On the other hand, if only one parent agrees the visitation, the grandparent can skip the first step mentioned above and must only prove that the visitation would be in the best interest of the child.
Custody of Grandparents in Virginia:
The parents rights are considered to be more important than the grandparents, in regards to custody of their child. It will be very challenging for a grandparent to fight for the custody of their grandchild from their child and the spouse of their child.
The Rights of Grandparents if there is a Compelling Interest in Virginia:
A parent is responsible for his/her child, which means they have control of who visits them and who doesn’t, such as the child’s grandparents. Moreover, if there was a compelling interest, then the court will be involved with the upbringing of the child. This means the grandparent must prove that harm shall occur to his/her grandchild if he/she doesn’t visit them. Through this the court could consider to provide visitation to the grandparent.
The Grandchild’s best Interest:
Proof must be given by the grandparent that visitation to their grandchild will be for the better interest of that child. If the child can make an opinion by himself/herself based o his/her intelligence and age, the needs of the child, the preference of the child, the mental and physical condition of the child, and the age are some factors that determine the best interests of the child by are said to be important by a family court in Virginia.
Grandparent Rights of Mediation in Virginia:
A grandparent could ask for the help of a mediator if their child does not allow the visitation to their grandchild. Mediation is considered to be less expensive than litigation, it’s less disruptive and stressful, and finally, its process is private and confidential. However, if the parents do not agree with the mediation then a free dispute resolution evaluation session could be issued by the court upon the parents and grandparents. Through this session, the parents and grandparents will usually agree with all terms and all parties would be happy.
If you need a Virginia Grandparent Rights Lawyer to help you with your Grandparent Rights case in Virginia, call us at 888-437-7747. Our Virginia Grandparent Rights Attorneys can help you. C