Legal Question in Family Law in Virginia

Grandparent Visitation

our daughter is disputing her x for custody. She has bipolar. He took the kids while she was ill. Court awarded a guardian for the 2 boys ages 10 and 16, the child protective guardian is not allowing my family any contact with the boys or my daughter any contact with them or me. no abuse involved.No contact with my daughter or my grandchildren. My daughter had parental custody.x has temporary custody. until next court. My daughter hospitalized and released. We helped her to raise children. She remarried. He remarried.Can I get any visitation?Can our daughter?The youngest wants to be with Mom and oldest h on probation- wants to be with me. We spent more time with these children than both parents.The children aren't asked.


Asked on 10/03/02, 10:19 am

1 Answer from Attorneys
Elizabeth Jones Elizabeth Ann Jones, P.C.

Re: Grandparent Visitation

WHILE VIRGINIA DOES RECOGNIZE THE RIGHTS OF FAMILY MEMBERS, TO HAVE ONGOING RELATIONSHIPS WITH CHILDREN IN DIVORCE SITUATIONS, THE STANDARD USED BY THE COURTS IS THE BEST INTEREST OF THE CHILD(REN). FROM WHAT YOU HAVE SAID IN YOUR QUESTION, IT APPEARS THAT THE GUARDIAN AD LITEM APPOINTED BY THE COURT HAS RECOMMENDED AND THE COURT HAS AGREED THAT THE CHILDREN ARE NOT TO HAVE CONTACT WITH YOU. SINCE THERE HAS BEEN A COURT DETERMINATION ON THIS MATTER, YOU WOULD HAVE TO PROVE A CHANGE IN CIRCUMSTANCES FROM THE TIME THE COURT MADE ITS LAST DETERMINATION FOR THERE TO BE THE POSSIBILITY OF A CHANGE. IF YOU FEEL THAT THERE HAS BEEN A CHANGE IN CIRCUMSTANCES OR THAT YOU WERE NOT AFFORDED THE OPPORTUNITY TO PRESENT EVIDENCE THAT MAY HAVE AFFECTED THE COURT'S DETERMINATION, YOU COULD PETITION THE COURT FOR VISITATION WITH THE CHILDREN. IF YOU DECIDE TO DO SO, YOU WOULD BE BEST SERVED TO HAVE LEGAL REPRESENTATION.

Read more
Answered on 10/03/02, 1:41 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia