Stafford, VA Grandparents' Rights Lawyers

Compassionate Attorneys Advocating for Grandparents Rights in Stafford, Virginia

Grandparents can play a wonderfully profound role in a child's upbringing and development. In some cases, grandparents may even be able to seek custody or visitation rights. Knowing when and how to assert your rights is important, which is why seeking legal representation is critical. A grandparents' rights lawyer in Stafford, VA can go over your case with you, keeping your grandchild's needs in mind.

At Meyer & Bowden, PLLC, we cherish the special bond that grandparents share with their grandchildren. We have over 50 years of legal experience, so you can rely on our family law attorneys to handle your case with care.

Can Grandparents Seek Visitation in Virginia?

Under Virginia law, grandparents may petition the court for visitation rights. When determining whether or not to permit visitation, the court will first turn to the parents. If only one parent objects to visitation, the grandparents will have to show that allowing visitation would serve the child's best interests. However, if both parents are against it, then the grandparents have the additional burden to prove that the child would suffer without visitation.

The court reviews evidence to determine whether granting visitation serves the child's welfare. Grandparents should be prepared to show the nature and history of their relationship with the child, as well as any disruption that might result if visitation is denied. Because family dynamics can be complex, early consultation with counsel can help grandparents navigate the requirements and prepare a persuasive petition.

Seeking Custody as a Grandparent

In limited situations, grandparents may seek custody of a grandchild in Virginia. Custody petitions typically arise when a child's safety or stability is at risk due to neglect, abuse, or abandonment by the parents. To succeed, a grandparent must demonstrate that the parents are unfit or unable to care for the child, and that granting custody to the grandparent is in the child's best interests.

Custody proceedings require a higher burden of proof than visitation cases. Grandparents must gather evidence to support allegations of parental unfitness, such as social services records, medical reports, and witness statements. The court may appoint a guardian ad litem to represent the child's interests and recommend custody arrangements. Because custody disputes can become emotionally charged and legally complex, experienced legal representation is essential to advocate effectively for the child's welfare.

Best Interest Factors in Virginia Custody Cases

When evaluating both visitation and custody petitions, Virginia courts apply a "best interests of the child" standard. The statute sets forth numerous factors, including:

• The age and physical and mental condition of the child and parents
• The child's relationship with parents, siblings, and grandparents
• The child's preferences, if of sufficient age and maturity
• The physical and mental health of all parties
• The child's needs for continuity and stability in schooling, home, and community
• Evidence of family violence or substance abuse

No single factor is valued over all others. Instead, the court considers the totality of the circumstances to reach an arrangement that furthers the child's emotional and developmental needs.

Petitions for custody should be built upon a strong foundation of evidence, including witness testimony and supporting documentation about the child's health and education. Thorough preparation and strategic presentation are critical to persuading the court that visitation or custody with a grandparent will support the child's best interests.

Contact a Stafford Grandparents' Rights Attorney

Securing time with your grandchild or stepping into a caregiving role requires careful legal guidance. Our team at Meyer & Bowden, PLLC understands the sensitive nature of grandparents' rights actions and will work closely with you to gather evidence, prepare petitions, and present your case. Call 703-722-8692 or contact our Stafford grandparents' rights attorneys to explore your options today.