Divorce can be a complicated and painful process for the entire family. However, it can be especially difficult for grandparents who may feel their relationship with their grandchildren is threatened. In Virginia, grandparents have legal rights when it comes to visitation and custody of their grandchildren. This article will provide a comprehensive overview of Virginia grandparents’ rights in a divorce.
Jurisdiction
Before discussing grandparents’ rights in Virginia, it’s essential to understand that court jurisdiction is crucial in determining the outcome of any case. In Virginia, jurisdiction is generally based on where the child has lived for the past six months. This means that the Virginia court may not have jurisdiction over a grandchild living in another state unless the grandchild has lived in Virginia for six months or more.
Visitation Rights
Grandparents in Virginia have the right to petition the court for visitation rights with their grandchildren. However, Virginia law places specific limitations on these rights. Grandparents may petition for visitation only if:
- The child’s parent is deceased
- The child’s parents are divorced or legally separated
- The child’s parents never married, and paternity has been established
- The child’s parents never married, and one of the parents has filed a petition requesting child support
Additionally, grandparents must prove to the court that visitation is in the child’s best interests and that denying visitation would harm the child.
Custody Rights
In some cases, grandparents may also seek custody of their grandchildren. Like visitation rights, Virginia law places specific limitations on these rights. Grandparents may seek custody only if:
- Both parents are found to be unfit or unable to care for the child
- Parents voluntarily give up custody
- The child has lived with the grandparents for over six months, and the grandparents are deemed to be "de facto custodians"
To be considered "de facto custodians," grandparents must show that they have been the primary caretakers of the child and that the child’s physical, emotional, and mental health would be significantly harmed by removing them from the grandparents’ care.
Factors Considered by the Court
In both visitation and custody cases, the court will consider several factors to determine what is in the child’s best interests. These factors include:
- The child’s age and physical and mental condition
- The relationship between the child and the grandparent seeking visitation or custody
- The relationship between the child and his or her parents
- The willingness of the grandparent seeking visitation or custody to encourage a close relationship between the child and the child’s parents
- The preference of the child, depending on the child’s age and maturity
Conclusion
Divorce can be a difficult time for grandparents who worry about losing contact with their grandchildren. Fortunately, Virginia law recognizes the important role that grandparents play in their grandchildren’s lives and provides some legal recourse. If you’re a grandparent worried about losing contact with your grandchild due to a divorce, consult an experienced family law attorney who can help you navigate the legal process and protect your rights.