Legal Question in Family Law in Virginia
grandparents visitation rights/parents are married and alive
my son and wife live in virginia. they have 5 children, barely making a living. i have tried to stay in contact with them via email, gift packages, cards, offers of visits, or stays until they get on their feet. son is mad at his paternal family, they won't lend him anymore money and now he is disowning everyone including me and his sister, who have been sending money, etc everytime they call. they cannot feed their children, have 22 dogs, at one time living in the same house for breeding purposes (trying to establish a kennel), the law made them build cages outside, having trouble with teen daughter in school, was going to send her to us for a summer visit, changed their mind, and totally have seen these children ranging from 7 to 14 maybe a dozen times in their lives. if i send the children anything worthwhile, it is sold, left behind when they get evicted, or pawned. i would like to see them and be able to communicate with them, but now he won't call back, asked us not to email, write, or call them and for us to have a nice life. please advise if there any grandparent visitation rights in this regard and if so, how can i go about applying for this?
2 Answers from Attorneys
Re: grandparents visitation rights/parents are married and alive
You will need to speak to an attorney in Virginia - in Tennessee you rights, if any, would be very limited - I think you may have less rights in Virginia.
Good luck.
Re: grandparents visitation rights/parents are married and alive
Secs. 20-124.1 and 20.104.2 of the VA. Code make clear that grandparents are defined as persons of legitimate interest who have a right to petition the appropriate Virginia court for visitation or custody of grandchildren and upon a showing by clear and convincing evidence that such visitation or custody would be in the best interests of such children, may have their petitions granted.