Thank you for the additional information. Typically, a court would rather order custody of a child to a parent, rather then a grandparent, aunt/uncle or a third party. As such, if the mother is deciding to not care for the child, you certainly can try and obtain custody. A Virginia family court will determine child custody
based on the best interests of the child.
Factors included in determining a child's best interests are:
The age, physical, and mental condition of the child
The age, physical, and mental condition of each parent
Any history of family abuse
The child's wishes, if the child is of a sufficient age and understanding to express a preference (generally age 12 or older)
The role each parent plays in the child's upbringing
The child's needs, including the child's relationship with his/her parents, siblings, and extended family
Each parent's willingness to foster a close relationship between the child and the other parent
Additional important factors determined by the court
The burden would be on you, as the moving party, to show it is in the best interest of the child
to live with you, rather then the grandmother. The clerk of court in the county where the child resides should have the necessary forms for you to fill out and file to start the process. You want to gather evidence to support your position and show you can properly care for the child.
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