Many children develop special relationships with their grandparents, and enjoy spending time and keeping in touch with them. For some children, a visit to a grandparent’s home feels like a special treat.
There are many reasons why a grandparent may want to step in and take legal action on behalf of a grandchild he or she loves. Perhaps, a parent is struggling with addiction and the child is exposed to dangerous situations as a result. If a parent or another adult in the home is abusive, a child may be unsafe. If a parent cannot provide a safe and stable living situation for a child, a grandparent may want to take action to prevent a child from being removed from the home by the state or placed into foster care.
When a grandparent is concerned that a Virginia child is not being properly cared for by his or her parents, and he or she may want to petition for legal custody in a court of law. This petition’s chances of approval have been impacted by recent changes to Virginia law.
Benefits Of The New Law For Grandparents Seeking Custody Or Visitation
The primary benefit of the new law has been to clarify the role that grandparents play in the lives of their grandchildren and provide a clearer path to visitation or custody than previously. The legislation more clearly defines under what conditions grandparents may seek custody and prioritizes communication within the family unit, including grandparents.
There are specific instances in which grandparents can be presumed to have what the courts call a legitimate interest in the child’s welfare, which include:
- The parent is deceased, and consent for visitation was given before death
- Parental rights have already been relinquished or revoked
- Child was abandoned or is subject to extraordinary circumstances
- Ongoing abuse, addiction, or proven unfitness by a parent
The new law attempts to balance parental rights with the benefits of taking a more inclusive approach to defining family structures. Grandparents can often provide badly needed stability in a grandchild’s life, and the updated legislation recognizes this.
What Conditions Must Be Met To Seek Custody or Visitation Rights?
If you’re considering filing a petition to request visitation (spending time together with your grandchildren) or custody (obtaining legal decision-making rights for your grandchildren and bringing them into your home), being prepared will set you up for success. A family attorney with experience in Virginia grandparents rights cases can help you gather evidence to document the following:
- Proof of an existing relationship between the child and you
- Proof of logistical or financial support of the child and/or their parents
- Proof of involvement in the daily life of your grandchild
- Evidence indicating your absence from the child’s life would harm their wellbeing
Especially when there is tension between the adults in a child’s life, having documentation of your care and concern for your grandchild can bolster your petition to remain active in their upbringing.
Mediation Or Litigation – Which Is Best To Assert My Rights As A Grandparent?
Another key aspect of the new legislation related to grandparent rights in Virginia is the emphasis on attempting mediation to resolve visitation or custody disputes before proceeding to litigation.
If you have grave concerns for your grandchild, it might be hard to understand the focus on negotiating an agreement. However, mediation can provide a path to resolution that is more clearly in the best interests of the child or children involved:
- It preserves ongoing relationships between members of the family
- It allows all parties concerned about the child to be heard
- It can result in flexible solutions for custody or visitation that meet each family members’ needs
- It is frequently less expensive and stressful than a litigated custody battle
Mediation pulls the adults in a custody and visitation dispute out of an antagonistic mindset and encourages mutual problem-solving. However, hiring an attorney for mediation support who can also forcefully build out your case for custody or visitation as a grandparent ensures you can fight for your grandchild’s welfare no matter what the outcome is in mediation.
A Virginia grandparent who is ready to take legal action to help a grandchild grow up in a safe environment may want to consider seeking assistance from an experienced attorney. An attorney can help you through all steps of the court process required to obtain legal custody of the grandchild he or she loves. They can also help you connect with organizations and resources designed to assist people who have legal custody of grandchildren, increasing the chances that you will feel confident and empowered to provide a safe place for your grandchild to thrive.