As we get older, there is most likely nothing in life that brings us the same happiness that we get from the relationship that we share with our grandchildren. There is a special bond between grandparents and their grandchildren that is truly like none other. However, situations may arise that can cause those bonds to be disrupted or have the potential to be severed permanently.
In Virginia, grandparents’ rights come second to the rights of the parents. A court will always examine a case and its circumstances with this concept in mind. However, it should be stated that courts do have the legal authority to award a grandparent visitation between a child or any other individual who has what the law deems to be a “legitimate interest.” This can include grandparents, step-grandparents, even former step-grandparents, and other blood relatives.
The lawyers at Parks Zeigler, PLLC, understand the laws and legal complexities that surround grandparent visitation rights and this area of family law. We have the skill and competence necessary to handle your case. Call Parks Zeigler, PLLC, and schedule an initial consultation with a Virginia Beach Grandparents’ Rights Lawyer.
Can a Parent Keep Their Child From Seeing Their Grandparent?
The law within the Commonwealth does not have specific rules that govern grandparent visitation rights. In other words, grandparents have no legal right to visit a child without the consent of the parents. If both of the child’s parents are in opposition to a grandparent visiting with the child, a grandparent can file a petition requesting visitation rights.
When initiating legal action, it is the grandparent’s obligation to prove through the use of clear and supporting evidence that the grandparent and child not being able to visit one another would result in “actual harm” to the child. In most cases, this would require proof in the form of testimony from a recognized expert mental health professional. All evidence would need to point to the fact that visitation with the grandparent is indeed in the best interests of the child.
However, if one parent agrees and does allow the grandparent the right to visitation, the standard that needs to be met changes. In this situation, the grandparent is only obligated to prove through conclusive evidence that visitation is, in fact, in the child’s best interest. In legal terms, this is considered to be a lower standard than the “actual harm” standard.
Legal terms related to grandparents’ rights and child custody visitation issues can be difficult to manage on your own. Contact one of our experienced lawyers who specializes in grandparents’ rights to better understand your legal rights.
What Factors Need to be Present in Order for a Grandparent to Obtain Custody?
The rights of parents to raise their own children according to how they see fit take precedence over the desires of grandparents or any other individual. Of course, this is dependent on the parents adequately providing basic needs for the child as prescribed by law. In order for a grandparent to try to assume custody of a grandchild, there are certain conditions that have to be met by a preponderance of the law, which can include:
- The parent is unfit.
- The parent abandoned the child.
- The parent voluntarily relinquished the child.
- There are circumstances that mandate removing the child from the custody of the parent, such as neglect, abuse, or other forms of mistreatment.
An attorney in Virginia Beach can help a grandparent assert their custody rights when a parent meets those conditions.
How Can Grandparents’ Rights Lawyers Help?
It is vital to remember that the courts will always strive to determine what will be the most beneficial to the child in terms of legal custody and visitation rights. Courts do not award grandparent custody without first fully examining the case and other factors that are involved. The burden of proof rests upon the grandparent to prove that it is inappropriate for the parent to have custody of the child. A lawyer in Virginia Beach is ready to help a grandparent protect and build a relationship with their grandchildren.
Reach Out to a Virginia Beach Grandparents’ Rights Attorney for Assistance
Our attorneys understand that there are often situations in which a child’s grandparent has to step in and assume responsibility for the welfare of the child. We fully understand your worry and concern for the well-being of your grandchild. Our Virginia Beach grandparents’ rights lawyers can give you the personalized attention you need as we work to gain the best outcome for you and your grandchild. We strive to treat each client with the caring and compassion they need as we work to maintain and preserve their legal rights. Contact our law firm today and schedule a consultation to discuss your legal situation.
