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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I am a 62 year old grandmother and have always had a very ...

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I am a 62 year old grandmother and have always had a very strong bond and relationship with my grandchildren, since birth. The little boy is 7 and twin girls are 5 1/2. Since my daughter left their father he will not let me pick up the children for visits like I always did before the separation. He is a very spiteful and vengeful person. He even tears up the greeting cards that I send them. In 2002 I got a dui after having a couple of drinks with friends. My driving record has been pristine since then. We go to court on February 20 and I know he is going to trash me. Everything is fine with my daughter. Before I was able to pick up the children all the time and take them places and they were always spending the night. Everything was just fine until the separation last May. Now the father has turned into a jerk. He ought to be kissing my feet because I am so good to his children.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
HelloCustomer


1) What is your question please?

2) You say he will trash you? On what other grounds do you believe he would attack your character besides the DUI that happened 5/6 years ago?

3) How often did you see your grandchildren and how often did they spend the time with you?

4) Are you mentally and physically visit to carry on a visitation with your grandchildren?


Thank you.
Customer: replied 8 years ago.
there is absolutely nothing he could come up with about my character. i saw my grandchildren every week and they took turns spending the night with me about every other week-end. i am very mentally and physically able to carry on visitation and always have been.
Expert:  Attorney & Mediator replied 8 years ago.
Thank youCustomerfor your reply to my questions.

I am assuming you are asking what your chances are for visitation, as you have not specified your question?

The courts in Virginia award visitation rights if it is evident that the grandparent has established a loving bond and relationship with their grandchildren, are able to foster the well-being and best interests of the children. Your DUI history would not be persuasive here as this incident happened 5 or 6 years ago and you have no other criminal history. Instead, the court will mainly be focused on whether you are able; given your age, mental and physical capacity be able to handle a visitation with three very young. The children.

As you are the petitioner for the visitation, you bear the burden to establish the relationship you have had with them throughout this time, that you do not pose a risk of harm, negligence or abuse if they visit with you and that you do not have any issues that are mentally or physically impairing your ability to take the children for a visit. Your daughter's consent will also enhance your visitation request.


Based on the information you have posted here, I doubt you would be denied visitation. You have the support of the mother, you are mentally and physically fit, you have evidence that you have established a bond and relationship with the children. If his only way to "trash you" will be an incident of the DUI which happened years ago, I don't think he would have a case to deny you visitation rights as there is no evidence that you have a drinking problem. Your DUI was a mistake, that you have never repeated and this happened at least 6 years ago, so it should be an irrelevant issue as there is no showing of a current risk of harm to protect the children.



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Expert:  Attorney & Mediator replied 8 years ago.
I have answered your question, please let me know if you need further help here. Thanks.

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