Tips for Grandparents Seeking Child Custody Abingdon, VA

Virginia does not have specific laws delineating grandparents’ rights; however, both grandparents and step-grandparents may nonetheless be entitled to custody and/or visitation with a grandchild under certain circumstances.  Often, family courts allow grandparents (and other interested parties) to join custody petitions with noncustodial parents (i.e., a parent that does not have primary physical custody) if visitation is in the best interests of a child.

Under the Virginia Code, any “person with a legitimate interest” in a child may be awarded visitation or custody after consideration of what is in a child’s best interests, including grandparents and step-grandparents.

If you would like to pursue your grandparent’s rights, we invite you to call our office to schedule a free consultation with an experienced Abingdon, Virginia family law lawyer to learn how we can assist in seeking to obtain a favorable custody or visitation arrangement.  Further, we encourage you to read through the following FAQs for information and for tips on increasing the chances of obtaining a successful outcome.

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How Do Virginia Courts Define a Person with a Legitimate Interest?

Virginia Code § 20-124.1 broadly construes “person with a legitimate interest” to include:

• Grandparents
• Step-grandparents
• Stepparents
• Former stepparents
• Blood relatives
• Family members
• Other individuals with a legitimate interest in a child

By specifically noting that grandparents have a legitimate interest in a child’s life, they are entitled to petition for custody or visitation (provided they make their intentions known to the court).  When making such determinations, courts will take into account three primary considerations: the best interests of a child, the parent-child relationship, and any clear and convincing evidence that the presence of other legitimately interested parties will benefit a child.

How Do Virginia Courts Determine What Is in The Best Interests A Child?

Virginia law explicitly provides ten factors that judges must weigh when determining the best interests of a child in custody and visitation matters, including:

• The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
• The age and physical and mental condition of each parent;
• The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual, and physical needs of the child;
• The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers, and extended family members;
• The role that each parent has played and will play in the future, in the upbringing and care of the child;
• The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
• The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
• The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference;
• Any history of (i) family abuse as that term is defined in § 16.1-228; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1that occurred no earlier than ten years prior to the date a petition is filed.
• Such other factors as the court deems necessary and proper to the determination.

Is It Easier for Grandparents to Obtain Visitation or Child Custody?

There can be countless reasons why a grandparent may seek visitation or custody rights, including (but not limited to) divorce, death, remarriage, abuse, illness, incarceration, or exclusion.  Regardless of the reason for fighting for such rights, it is critical to understand that both state and federal courts presume that parental rights overshadow grandparent entitlements.

While grandparents may be legally permitted to request both visitation and custody, the scale of such requests is vastly different.  Generally, Virginia courts will award limited visitation to grandparents unless such contact would be physically, mentally, or emotionally harmful to a child.  However, custody is only awarded to grandparents in matters where one or both parents are unfit or incapable of taking care of a child.  For example, if both parents are severely injured in a car accident and unable to care for their child, or if both parents are incarcerated, the court may consider granting custody to a grandparent.

How Can Grandparents Get Parental Custody in Abingdon, Virginia?

As previously noted, the rights of parents typically supersede those of grandparents in custody and visitation matters.  Consequently, the opinions of parents are almost always given greater weight unless there are extenuating circumstances.  There are five general situations in which a grandparent may be awarded parental rights over natural or adoptive parents, including:

• Unfitness (If one or both parents are unfit to care for a child (such as if they are incarcerated or have chemical dependency issues))
• Previous Divestiture (A child was previously taken away from their parents by way of an Order of Divestiture)
• Voluntary Relinquishment of Rights (A parent voluntarily gives up child custody)
• Abandonment (A parent legally abandons a child)
• Special Circumstances (Other extraordinary circumstances that may justify taking a child from a parent)

Outside of these circumstances, parents will often retain custody, even if challenged by a grandparent.

Are Grandparents Required to Go to Court to Obtain Custody or Visitation?

Not necessarily.  While grandparents commonly petition the court in matters involving custody or visitation, this is not the only method for resolving these types of issues.  Often, alternative dispute resolution (such as mediation or arbitration) is a faster and more economical option.

If you would like to seek custody of or visitation with a grandchild, it will be best to seek the counsel of an experienced Abingdon child custody attorney.  We invite you to call our firm so that we can listen to the facts of your case and explain all available options for pursuing a favorable outcome.

Call Our Offices to Schedule a Free Consultation with an Abingdon, VA Grandparent Custody Attorney.

Grandparent’s rights are a challenging and highly contentious area of the law that often rely on previous court determinations instead of specific statutes.  As such, if you would like to seek custody or visitation, it is critical to consult with an experienced Virginia custody and visitation attorney who is knowledgeable about such cases and well-versed in arguing for grandparent’s rights.  We are available to help grandparents, step-grandparents, and other legitimately interested parties obtain custody and/or visitation, protecting special relationships with loved ones.

Call the law offices of Mark T. Hurt today to schedule a free consultation to learn how we can fight to uphold your rights in seeking to protect your relationship with your grandchild.

When you have been injured in a car accident, you should not delay in consulting a traffic law firm HIllsville, VA residents have trusted for years, such as the Law Offices of Mark T. Hurt. Every year, approximately 1.3 million people will lose their life in an auto accident; another 20-50 million people will be injured or disabled. Sadly, many  of these accidents could have been avoided, but happened because of the negligence of an individual or entity. At the Law Offices of Mark T. Hurt, we know how devastating a car accident can be. From the physical pain and emotional impact of the accident to the medical bills and inability to work, the total amount of losses can be extensive. Our traffic law firm in Hillsville, Virginia can listen to what happened and help you to understand your options. Please call us today for a consultation. 

Negligence in Car Accidents

In general, a car accident will leave behind physical evidence such as skid marks, debris, video footage, and more. A traffic lawyer Hillsville, VA has to offer will likely examine any potential evidence to gain an understanding of what happened and who may be responsible. If your lawyer feels negligence is a factor, a claim may be pursued on your behalf. The laws encompassing these claims are complex and require due diligence to ensure your rights and interests are fully protected. With the right traffic law firm in Hillsville, VA on your side, you can feel peace of mind in knowing we have you covered. 

Common Types of Negligence

Our firm will carefully examine any applicable evidence that is related to the accident, including surveillance footage, medical records, police reports, witness statements, and more. Some of the most common types of negligence we see in cases involves:

• Failure to signal
• Talking on the phone
• Distracted driving
• Speeding
• Disregarding potential road hazards
• Driving under the influence of drugs or alcohol

Reckless Driving

In Virginia, a number of accidents also include reckless driving. Negligence is similar to reckless driving, but it is not the same. In general, when a lawyer believes both are relevant, they will each be included in the claim to strengthen the plaintiff’s case. Examples of reckless driving include:

• Speeding 20 mph or more over the speed limit
• Abrupt stopping
• Driving with the intent to intimidate
• Excessive changing of lanes
• Racing
• Driving the wrong way
• Single Car Accidents 

Sometimes an accident involves only one car, but is still a result of negligence. For example, a manufacturer defect or road defect might cause a collision. A Hillsville, VA traffic law firm will consider whether or not this is a possibility after a case review.  Some causes of single car accidents include:

• Manufacturer defect
• Road defect
• Malfunctioning traffic signals
• Down power lines

Cases that do not involve another party, but involve negligence, should be carefully handled by a traffic law firm Hillsville, VA families can count on, such as the Law Offices of Mark T. Hurt. For a consultation, please call us today.