Legal Question in Civil Litigation in Virginia
Grandparents right to Visitation
I am a divorced mother of 2 children ages 9 and 4 in VA. Their paternal grandmother is petitioning for visitation.
What rights do I have with ''legal and physical cusotody'' of the children? Because I respect the role of a grandmother, I am not advocating no visitation, just limited supervised visitation (by my ex).
After an 11 year history with her, I have found her to be inconsistent...interested today and not tomorrow. That type of relationship they already have with their father and it has caused a considerable problem with our oldest child. I feel an ordered schedule would not be adhered to, thus causing more pain to an already troubled child.
I would appreciate any information about rulings or laws supporting my point of view.
1 Answer from Attorneys
Re: Grandparents right to Visitation
Since you, apparently, have legal as well as physical custody of the children, your rights
are primary, but, obviously, not to the exclusion
of the rights of others associated with the case, including the grandmother's.
An orderly schedule for visitation by the grandmother is a perfectly reasonable expectation and can be arranged either through prior agreement of the parties or , if necessary, ordered by the court after a hearing on the matter.
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