Legal Question in Family Law in Virginia
My mother-in-law is a horrible & abusive person and as a result my husband and I do not include her in our life and especially not our children's lives (ages 2 & 1). Recently, she threatened to sue for grandparents visitation rights. Is there any way we can legally terminate her grandparents rights or block this from occurring?
1 Answer from Attorneys
As long as you and your husband agree that you do not wish his mother to visit the children, you have the right to deny her visitation. She actually has no "visitation rights" in Virginia. The only way she can get a court to order the children to visit with her against the combined objection of both parents would be to prefer that it would be affirmatively harmful to the children not to have contact with her. As they currently have no relationship with her, this would appear to be very difficult to prove. You can't "block" her from filing a petition, but you have every expectation of the court supporting your decision. If she files a petition, be sure to get an attorney who understands the law of "third-party custody and visitation" in Virginia.
Good luck.