Legal Question in Family Law in Virginia
Grandmother seeking visitation out of hostility
My husband's mother is sore at me because she feels that I don't let her see our 1 year old son. We dont get along, but I've never said she couldn't see him. Now, we've been contacted by a mediator who claims we're obligated to attend a meeting with my mother in law to discuss this. Meanwhile, I've tried to resolve this with her personally but to avail as she's just stubborn. We have a very hostile, angry relationship over this and i feel that she really didn't have to take it this far. Am I obligated to attend the mediation and should I be hiring my own attorney? What legal rights does she have? I should also mention that her living conditions are not acceptable. She has 6 people living with her in a two bedroom trailer and I don't want my son in that kind of enviornment.
1 Answer from Attorneys
Re: Grandmother seeking visitation out of hostility
Under whose authority are you required or obligated to attend mediation, according to this
mediator? Mediation is normally voluntary rather than mandatory and, therefore, it would be reasonable to conclude that you're under no obligation to participate in any mediation which your mother-in-law may have initiated.
Under the Virginia Code your mother-in-law as a grandmother qualifies as a person of interest who may petition the appropriate court for visitation rights with her grandson.
However, if both parents of the subject child oppose the visitation by a grandparent, it will be denied by the court. (You haven't clarified what your husband's position may be on the matter.)If only one of the parents opposes the visitation the court will decide the issue on what it considers to be in the best interests of the subject child.
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