Legal Question in Family Law in Virginia
When my daughter-in-law found out she was expecting all she talked about was how having family around was so important, it is important for a child to be surrounded by family members who love them. But since my grandson was born last October her moods change with the wind, her family get to babysit him and visit on weekends, but if my son suggests me babysitting so they can go out she flips out and screams at my son and has physically hit him 4 times that I know of in the face with her fists. If they do come for a visit like at Christmas she sits and holds the baby and doesn't let anyone else hold him. Now if I call my son he gets the third degree about what we talked about and was it about her not fixing the nursery yet. My son says the argueing goes on for hours. I don't like my son having to go through this. Do I have any legal right to see my grandson?
1 Answer from Attorneys
Your "legal right" to see your grandson is directly related to your son's desire that you see him. If he and the mother agree that you will not, that is legally the end of the matter, unless you can prove that the child will be harmed if he/she doesn't see you, which is difficult burdent of proof. If he wants you to, and she doesn't want you to, a court may have to make a determination. The ball is pretty much in your son's court.
Sorry.