Legal Question in Family Law in Virginia

Grandparent obtaining emergency custody of grandchild. Grandchild lived with grandparents for two years. Parents separated now mother is punishing child, father and grandparents by keeping child away. Mother is not employed, no permanent home, and leaves child with various caregivers. He cries to come home and she refuses to allow visitation currently do not know where child is staying. Am I within the boundaries of filing for emergency custody in Virginia?


Asked on 10/08/16, 7:51 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Sure, you could file but without knowing more facts bearing on the alleged

unfitness of this mother to parent, I would not be confident that you could

prevail in such a suit on your facts as described.

Better to first file in the J & DR Court for visitation rights as grandparents under Va Code Sec. 20-124.1 which specifically recognizes grandparents as persons with a legitimate interest in custody and visitation arrangements of minor children (my opinion).

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Answered on 10/09/16, 8:29 am


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