In Virginia, grandparents have rights to custody and visitation with their grandchild under certain circumstances. Primarily, a Virginia family court allows a grandparent to join a custody petition with a non-custodial parent if the court determines that visitation rights are in the best interests of the child. A grandparent may also file an independent petition for visitation. A grandparent seeking custody or visitation of a grandchild in Virginia should remember that the child’s parents determine whether or not a grandparent is entitled to visitation, however, a court will consider a grandparent’s arguments for visitation rights and decide accordingly.
The proper legal advice, guidance, and strategies are key to ensure a successful outcome for any predicament regarding your grandchildren. Fortunately, studies have shown that the “Best Interests” for your grandchildren is that they have an active relationship with their grandparents. Grandfathers and grandmothers can often provide a healthier and more stable environment than the children’s biological parents. As a result, Virginia’s “Best Interest of the Child” guideline fully supports a grandparents’ rights for visitation and custody. The legal extent to which you can visit, provide, and support your grandchildren will need to be determined and approved through a VA family law court hearing litigation process.
It can be a tricky process for grandparents to navigate the waters of grandparent visitation without legal help as the burdens of proof can be heavy and shifting within a single trial.
The situation grandchildren are exposed to varies greatly. Some are in a positive stable environment, and grandparents are simply denied access or may be allowed very limited contact with their grandchildren. The other end of the spectrum is a situation that needs to be addressed as soon as possible. If you can prove your grandchildren are being subjected to an abusive and neglectful environment, the Virginia judicial system will act quickly and forcefully on your behalf. Don’t think for one second that as grandparents your rights will be restricted or limited. Remember, the “Best Interest of the Children” is a standard that is fully recognized and supported in the state of Virginia
As we all know, in some families, grandparents play a special role which can enrich a grandchild’s life. When grandparents have established a healthy bond, courts may uphold their visitation rights. However, in Virginia, as in most states, grandparents’ rights are secondary to a parent’s. Parents have the right to raise their own children and decide with whom the children will exercise visitation.
Courts presume that a parent is the best person to recognize a child’s physical and emotional needs and make choices that serve the child’s best interests. Yet, not all parents are able to recognize and meet a child’s needs. In those cases, a grandparent may want to intervene.
If you need a Virginia Grandparent Visitation Rights Lawyer to help you with your Grandparent Visitation Rights case in Virginia, call us at 888-437-7747. Our Virginia Grandparent Visitation Rights Attorneys can help you. C