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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