Grandparents have a unique role, in most families, which can enhance the life of their grandchildren. Occasionally, a genitor, or both parents, of a minor deny to elongate relatives visit and frequent the child. This commonly happens with grandparents. The relative that is excluded of the minor’s life can apply for the right to visit the child. Before granting grandparent visitation, a judge will evaluate the child’s needs and guardians presence in the minor’s life. A grandparent could get the right to visitation if it’s for the child’s well being and does not obstruct the bond between the genitor and the child.
In Virginia, grandparents pursuing visitation upon the unified disapproval of both parents must certainly prove with suitable evidence that the minor will experience genuine harm if the child does not experience visitation with the grandparents. This is a difficult obstacle to overcome. This means that the tribunal must be able to detect and warrant that the minor’s health and well-being is harmed by the lack of visitation from the grandparents.
If the tribunal discovers that actual harm is being inflicted to the child by the lack of visitation, the court will consider the grandparents’ right to visit their grandchild.
However, when only one parent opposes to the grandparent to visit the child, the grandparent is not necessitated to demonstrate evidence that the minor is being harmed by the lack of visitation. This is an occasion when the tribunal will decide if there is an acceptable amount of proof that visitation with the grandparents is in the minor’s favor, grandparents rights will be recognized and will get a court order for child’s visitation. In most cases, grandparents that apply for the right of visitation with a grandchild will obtain it.
The law in Virginia allows and gives the right to grandparents to acquire custody over children’s guardians under certain circumstances. Virginia Code Section 20-124.2 grants for any “person with a legitimate interest” to take responsibility and guardianship to apply for custody, and Virginia Code Section 20-124.1 determines that role to include grandparents as well. Although the Virginia Code authorizes a grandparent to apply for custody, it is extremely challenging to win a custody conflict against the minor’s guardians. In Virginia, grandparents undergo a two-stage procedure, involving proving wrong parental presumptions and being able to prove that granting guardianship to grandparents is in the minor’s favor.
Virginia law assumes that when parents have full custody over a minor, that is when the child’s best interests are fulfilled. For the grandparents to win tutelage, they must prove wrong this assumption by providing clear and decisive evidence such as: parental inappropriateness and abandonment. After rebutting, grandparents must be able to prove that assigning them this position is in the minor’s utmost benefit.
Difficult issues may arise between grandparents and natural parents in a battle for custody or visitation. In either case, be sure to review the facts of your case with a lawyer before you apply for grandparents rights in Virginia.
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.