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Do grandparents have right in the state of. I have three…

Customer Question
Do grandparents have right...

Do grandparents have right in the state of virginia

Lawyer's Assistant: Has anything been filed or reported?

I have three grown children all have children my grandchildren the problem is i have kept them at least 50 % and more over the grandchildren's life i'am very capable and my children do okay the majority of the time however when i tell them something they don't like then you know what happens they pull the kids back form me change all patterns and cause disruption amongst everyone sometimes trying to appease to the step parents as all three of my children have already been married and divorced like many of us it just makes me sick especially when the grand kids want to be here at times and oh well when needed the parents then decide its okay today

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Virginia

Submitted: 4 months ago.Category: Family Law
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Answered in 4 minutes by:
1/3/2018
Family Lawyer: Gerald-Esquire, Lawyer replied 4 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,174
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Family Law Question
Family Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes, Virginia does grant grandparents certain visitation rights by statute. Virginia Code Section 20-124.1 specifically names grandparents as persons with a “legitimate interest” in custody and visitation.

The primary factor for the court is the best interests of the children. The grandparent has a higher burden than does the parent but you do have rights.

Section 20-124.3 of the Virginia Code provides the factors for determining custody and visitation matters:
1. the age and physical and mental condition of the child,
giving due consideration to the positive involvement
with the child’s life, the ability to accurately assess and
meet the emotional, intellectual and physical needs of
the child;
2. the age and physical and mental condition of
each parent;
3. the relationship existing between each parent and each
child, giving due consideration to the positive involvement
with the child’s life, the ability to accurately
assess and meet the emotional, intellectual and physical
needs of the child;
4. the needs of the child, giving due consideration to
other important relationships of the child, including,
but not limited to, siblings, peers and extended
family members;
5. the role that each parent has played and will play in
the future, in the upbringing and care of the child;
6. the propensity of each parent to actively support the
child’s contact and relationship with the other parent,
including whether a parent has unreasonably denied
the other parent access to or visitation with the child;
7. the relative willingness and demonstrated ability of
each parent to maintain a close and continuing relationship
with the child; and the ability of each parent
to cooperate in and resolve disputes regarding matters
affecting the child;
8. the reasonable preference of the child, if the court
deems the child to be of reasonable intelligence,
understanding, age and experience to express such a
preference;
9. any history of family abuse as that term is defined in
Section 16.1-228; and
10. such other factors as the court deems necessary and
proper to the determination.

This case discusses these issues in detail:

https://www.courtlistener.com/opinion/1066354/dotson-v-hylton/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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