Grandparents have the legal right to file for visitation rights, as do other close friends or relatives in the child’s life. These types of people are called persons with a legitimate interest, which is a special status under the law. However, in as much as the court’s main interest in these cases is the well-being and best interests of the child(ren), the parents are given priority.
If you are seeking grandparent visitation rights and both parents object, only one parent is living, or one parent objects and the other parent does not give an opinion; you must first prove that the child will suffer “actual harm” before the courts will even apply the factors to determine if the visitation is in the child’s best interest.
Custody and visitation disputes can become very stressful, and often, the courts’ decisions might seem unfair, but in every case, the main questions ultimately revolve around the best interest of the child. However, if you are a “person with a legitimate interest,” like a grandparent, you may have a higher burden than just proving this standard. For this reason, it is very important to hire a Virginia grandparent visitation lawyer that is well-versed in state law and has the necessary experience with these types of cases to ensure the right evidence is presented, and arguments made, to maximize your chances of prevailing.
If you or a loved one needs assistance in a grandparent visitation matter, schedule a consultation today. Call a Virginia grandparent visitation lawyer to protect the special relationship you have with your grandchildren.
With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.
Parks Zeigler, PLLC – Attorneys At Law
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