Legal Question in Family Law in Virginia

Grandparent's Rights

Would like to know what rights, if any, grandparent's have in the state of Virginia. My grandson is 6, no problems with his mom before, could see him any time, now she has said we cannot see him. His granfather and he were involved in an auto accident and she blames his grandfather, my husband. She and my son have joint custody, however, he lives with his mom. Can we see him if my son says we can. Can she do anything legally to keep us away. Thank you.


Asked on 7/28/03, 8:29 am

1 Answer from Attorneys
Wayne Comer Wayne E. Comer, Esquire

Re: Grandparent's Rights

It would take a lengthy treatice to do justice to the current state of the law. In BRIEF, the grandparent will not prevail unless he or she can demonstrate that such a stong bond has been established with the child that the child would be emotionally disturbed by cessation of contact.

That is quite a difficlult burdon of proof. However, if that burdon is met, the Va. Code gives the grandparent visitation rights. The scope of those will vary a lot depending upon the circuctances and will vary from judge to judge.

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Answered on 7/28/03, 5:37 pm


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