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A: Grandparents have the right, as close family members of the child, to petition for grandparent visitation in the state of Virginia. They can petition for grandparent visitation independently or as part of a petition filed by a non-custodial parent.
In order to gain child visitation in Virginia, the grandparent needs to prove that the child would suffer in some way if denied grandparent visitation. This can be a challenging task, and often requires professional assistance from a Virginia family law attorney.
When a divorce or other legal change in family structure happens in Virginia, the Virginia courts must decide the "best interests of the child" when grandparents and other "persons of legitimate interest" want visitation rights. A Virginia family law attorney can help demonstrate that grandparent visitation is in the child's best interest.
Grandparents sometimes find themselves in difficult positions when it comes to grandparent visitation, which is when a Virginia family law attorney can help.
In some Virginia divorce cases, the non-custodial grandparents may want to see the child, but the custodial parent is reluctant to allow it. Parents are considered the primary caretakers of the children and are endowed with certain rights and benefits by the state of Virginia. When a court has to make decisions about child visitation, consideration is given mainly to the child's parents.
Your Virginia family law attorney will help you understand your grandparents rights under Virginia law, including child visitation and child custody.
At Hofheimer/Ferrebee, we understand that the health and happiness of your family is your #1 concern. We will work with you to address any fears and anxieties you may have about retaining a valuable relationship with your grandchildren after a Virginia divorce. Contact us today to set up a consultation - 757-425-5200.
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