The main parties that are affected in the result of a divorce or a split-up are the parents and the children. However, relatives can also be affected from a divorce. Grandparents may not be able to see their grandchild as often after a divorce or a separation. Some people fail to realize that grandparents can gain legal custody of their grandchild. The court realizes that grandparents may gain initial custody of their grandchild if his or her parents are unable to provide the suitable care.
In many situations, parents may be not fully equipped to take full care of their child and may also have issues such as substance abuse or untreated mental illness.
A lot of parents who face these kinds of matters rely on their parents to take care of their child instead of them due to being incapable to fully provide the best care of their child’s welfare.
Nevertheless, these circumstances may make it hard on the lifestyle of the child and it may be better off for the child if their grandparents attain custody and become the child’s legal guardians.
Under the law of Virginia, custody or visitation rights may be granted to “any other person with a legitimate interest” in the welfare of the minor child and the law also states that grandparents like any other family members can be granted legal custody or visitation.
However, grandparents don’t precisely have more advantages compared to any other party filing for custody, as for stated in the law of the state of Virginia that the court rules in the best interest of the minor child.
In the court of the state of Virginia, grandparents that request for the custody of their grandchild must represent proof that demonstrates they would provide a better lifestyle for the child as legal caretakers than that the natural parents are giving and how they would benefit the welfare and security of the child. Evidence should always be presented to the court of law for the judges to rule in the interest of the grandparents.
Nevertheless, Virginia law always attempts to protect the child in the best way, to prevent major emotional disrupts to occur to the child. The court trials are set up to be in the best favor of the child and that the child does not go through tough times during the process of the custody hearings. For the grandparents to maintain the minor child’s custody after the court hearing, the grandparents should prove that their home is safe and secure for the best welfare of the child. A drug test may also be taken to ensure that the child is safe to reside at the same home as his or her guardian. However, it is not impossible for the natural parents to regain custody of their child, for instance, if the parents have drugs or alcohol problems, they can undergo treatment and prove to become more suitable caregivers of the child and may provide for their child.
If you need a Virginia Child Custody lawyer to help you with your Child Custody case in Virginia, call us at 888-437-7747. Our Virginia Child Custody attorneys can help you. C