What Are Grandparent Rights?

It has become common for grandparents to step in and play a crucial role in caring for their young grandchildren when the parents can’t provide full-time care for reasons such as employment-related commitments. The relationship between grandparents and their grandchildren can be mutually beneficial, with positive outcomes for those involved.

However, these relationships can sometimes be threatened by divorce between the parents, domestic violence that separates the children from the parents, and death or remarriage of a parent. Attorneys from a law firm in Roanoke say that under certain circumstances, grandparents may have a right to custody or visitation with their grandchildren with or without their parents’ consent.

Where these rights exist, they can be enforced in court by taking the necessary legal steps. However, the scope of the rights depend on the case’s specific circumstances. If you’re a grandparent seeking custody or visitation rights for your grandchildren, consult extensively with experienced Roanoke grandparents’ rights attorneys.

What Rights Do Grandparents Have in Virginia?

Virginia lacks specific laws dedicated to grandparent rights, but there is a classification for grandparents as “persons with a legitimate interest” in custody and visitation cases. This classification encompasses third parties other than a parent who may be able to obtain custody or visitation of a child.

However, custody and visitation rights granted to persons with a legitimate interest are limited by the superior rights of the child’s parents. The legal assumption is that parents should be at the forefront of caring for their children and making decisions that concern them. So, grandparents’ rights can’t overcome those of a capable parent.

When Can a Grandparent Seek Visitation and Custody Rights?

Grandparents’ rights lawyers in Roanoke say courts can grant visitation and custody rights to grandparents when appropriate. However, the legal standard the grandparents must meet can differ depending on the facts of the case.  In any case, the applicant must prove a healthy and strong bond between them and the grandchildren for the court to consider granting these rights. Some situations that may warrant a grandparent to petition the court for custody or visitation are:

  • Death of a parent: In case the parent with sole custody passes away, the grandparent may become the child’s sole custodian at the court’s order after evaluation of the case.
  • Abusive household: If a grandparent has evidence of abuse against the child by the parent, they can use this as grounds to seek custody to remove the child from the unhealthy environment.
  • The parents are unwilling to have custody: If the child’s parents are mentally incapacitated, struggle with substance abuse, or consistently abandon the child, the court could find them unfit to care for the child. The grandparents may seek custody rights to give the child a stable living environment.
  • Divorce of the parents: A divorce or child custody case could be highly contested and emotionally charged that it puts the child at risk of abuse, neglect, or untargeted anger issues. The fact that the parents are divorcing is not enough, however, depending on the facts of the case, Grandparents can seek custody to protect the child’s welfare and ensure they remain in a stable environment while the court finalizes the case.

What Factors Do Courts Consider in Making Decisions Affecting Grandparents’ Rights

To get custody or visitation rights for your grandchildren, you must file a petition in a juvenile and domestic court where the child resides. At the hearing, you will have to prove the facts you’re relying on to show the child must remain in contact with you or be in your custody. The judge will evaluate multiple factors to determine whether to grant you custody or visitation rights:

– The detrimental impact on the child if contact with the grandparent is severed

– The relationship between the grandchild and the grandparents

– The grandparents’ ability to take care of the child

– The he child’s age, mental, and physical condition

– The child’s other relationships and needs

– The reasons the parents approved or denied visitation

– Any history of abuse or violence within the family

– The preferences of the child, depending on their age and maturity level

Demonstrating your past role and involvement in the child’s life is crucial. However, since each case is unique and circumstances differ, courts must balance the fundamental rights of parents in Virginia with the potential benefits of the grandchild-grandparent relationship.

A judge’s decision must be based on clear and convincing evidence. You can enhance your chances of a successful outcome as a grandparent petitioning the court for custody or visitation rights by working closely with skilled grandparents’ rights lawyers in Roanoke. If the judge grants your request, you will get custody or visitation rights.

What Circumstances Can Affect a Grandparent’s Rights?

Adoption dramatically affects grandparents’ legal standing in Virginia. This can happen if their grandchild is adopted, whether through voluntary or involuntary termination of parental rights. However, grandparents’ rights lawyers in Roanoke highlight the following exceptions:

  •         Another child of the grandparent adopts the child
  •         Another close family member adopts the child

If your case is affected by these situations, skilled family law lawyers can guide you on how to proceed. They can help you collect evidence and create a strong case to show why obtaining custody or visitation rights would be in the child’s best interests.

A Grandparents’ Rights Lawyer Helping You Seek Custody or Visitation Rights

If you’re a grandparent worried about the welfare of your grandchild due to their parent’s divorce, violence, or abandonment, you can petition the court for visitation or custody. Courts in Virginia can grant grandparents’ rights depending on case specifics and evidence provided. Skilled Roanoke grandparents’ rights lawyers can assist you in obtaining a favorable outcome.

The Law Office of Seth C. Weston is a reputable law firm with skilled legal experts who can evaluate your case and provide legal counsel to help you achieve the desired outcome. Family matters can be sensitive and emotionally draining, but we can put our best foot forward to fight for your rights. Call us at 540-384-4585 for a consultation.