Grandparents may seek custody or visitation of their grandchildren for any number of reasons. Perhaps one or both parents have become incapacitated, incarcerated, or otherwise unfit to have custody. Or perhaps a grandparent feels that a parent is preventing them from maintaining a healthy relationship with a grandchild.
What recourse does a grandparent have in one of these situations?
What are a grandparent’s rights to custody and visitation in Virginia?
Virginia law does allow grandparents to win custody over natural parents in certain circumstances. Virginia allows for any “person with a legitimate interest” in the care and custody of a child to petition for custody and defines that term to include grandparents. However, winning a custody battle against the child’s natural parents can be extremely difficult which is why hiring an experienced Virginia family law attorney is crucial to your success.
Seeking Grandparent Rights in the Virginia Family Courts
A grandparent seeking custody of their grandchild would need to show that the child’s best interests would be served by awarding custody to the grandparent. Virginia courts look to the factors including:
- Mental and physical health of the petitioning parties
- The role each party has played and will play in the child’s life
- The ability and willingness of each party to support the child’s other familial relationships
- The reasonable preference of the child
- Any history of family abuse
Contact Arlington Grandparents’ Rights Attorney Claudia Zucker
Custody and visitation cases involving grandparents vs. natural parents can raise complex issues. Whether you are the grandparent or the parent, be sure to review the facts of your case with an experienced family law attorney. To schedule an appointment with Claudia call (703) 596-1005.
