Grandparents’ Rights
It may be that one or both parents are incapacitated, incarcerated, or otherwise unable to maintain custody over the children. Or maybe a parent is purposely blocking the grandparents from forming and maintaining a relationship with their grandchildren. In either case, navigating the Virginia legal system can be an uphill battle.
Virginia is unique in that there are no state laws directly establishing grandparents’ rights in custody and visitation disputes. Generally, the children’s parents are prioritized when determining who the children should live with. However, that does not mean grandparents are unable to take steps to protect their relationship with their grandchildren in cases where the parents are divorcing, separating, or rendered unable to maintain custody.
Virginia Code Section 20-124.2 permits any “person with a legitimate interest” in the care and custody of a child to petition for custody, which includes grandparents. Winning this petition is often a difficult process comprised of two steps:
- Rebutting the state preference for the parents maintaining custody and
- Proving that the grandparent winning custody is in the child’s best interest.
There are a variety of factors that the court will look at to determine what is in the child’s best interest. Our office can help you to organize the facts of your case into an effective argument for custody and/or visitation that touches on these factors and best represents your interests. Schedule a consultation today to explore what options are available for you.