Legal Question in Family Law in Virginia

Minors subpeoned for grandmother visitation

I have custody of my two grandchildren, age 5 & 7. Their other grandmother is taking me to court for visitation. Over the yrs. I've kept my door open to her for visitation but she refused. She should not have visitation, without supervision due to many past factors, including but not limited to false accusations of sexual abuse of the now 5 yr. old, etc. I do not feel it is in these kids best interest to be present in the court room for any trial. Can I file a motion to quash the children's subpeona?

Thank you for any help in this matter.

Sincerely,

MTiger


Asked on 4/04/03, 9:11 pm

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

Re: Minors subpeoned for grandmother visitation

Quash is a term not actively used in Virginia legal nomenclature; the preferred term, apparently, is dismiss.

Yes, you, as the children's legal custodian can file the motion to have the subpoenas dismissed or rendered void, but be prepared to detail specific and credible reasons in your motion as to why the court should set them aside.

Presumably, these are subpoenas to have the

children appear as witnesses in behalf of your opponent's case.

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Answered on 4/04/03, 11:34 pm


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