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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Family Law..My son and his girfriend have lived with us for

Customer Question

Family Law..My son and his girfriend have lived with us for about 4 years they have a child she to has lived with us for 4 years my son works his girlfriend just started to work a few months ago my husband and I pay for everything.. they are now splitting up what are my rights as the Grandparent
Submitted: 4 years ago.
Category: Family Law
Expert:  Ellen replied 4 years ago.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :


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FiveStarLaw :

To assist me in answering your question, please tell me:
1. What state do you reside in?
2. Will your son have custody/visitation?


JACUSTOMER-1gprra91- :

Not sure what to say at this point just needing some info as to how we can protect our rights with our grandaughter she has been in our life from the start..

JACUSTOMER-1gprra91- :

We live in chesapeake Va they are going to share custody neither one has a place to live not sure where they are going..

FiveStarLaw :

One moment while I research your answer

JACUSTOMER-1gprra91- :

I am not able to stay on chat please send the answer to my e-mail please

Expert:  Ellen replied 4 years ago.

Thank you for your patience.

Your Question - they are now splitting up what are my rights as the Grandparent

My Answer - As a grandparent you may join what is known as a visitation petition filed by a noncustodial parent or file an independent petition for visitation or custody.

Explanation - Virginia law regarding custody and visitation rights refers to parents and to “persons of legitimate interest” . However the US Supreme Court held that parents "have a fundamental right to make decisions concerning the care, custody and control" of their children". Therefore in order to prevail you will need to convince a court that your grandchild will be harmed as a result of not being visited by you. Since your grandchild has lived with you since birth, it appears that you would be able to prove that it would harm your grandchild to not have visitation with you

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