Every one of us become a grand parents one day and the love and care that we will possess for our grandchildren will come naturally. The ideal image of the family where both the parents are present is missing in the most part of the world these days. Now a days, the grandparent can take care and raise the grandchildren when both the parents are not present. In US especially Virginia, the rate of divorce is increasing with every passing day. The question is can the grandparents be awarded the custody of children in Virginia for raising them in the absence of their parents.
Rights of Grandparents in Virginia
For getting the answer of the question can the grandparents be awarded the custody of children in Virginia it is very important to know the custody rights of the grandchildren in Virginia? The interests of the parents in the care, control and custody of the children is determined first. If they are interested in getting the custody of their children then there are fewer chances of grandparents getting the custody of their children.
When the judge of the court in Virginia was asked can the grandparents be awarded the custody of children in Virginia, initially the judge replied that the right of loving and taking care of the children belongs to the children rather than the grandchildren. It means there are only certain circumstances which can lead to the situation when the custody of the children are granted to their children.
There are only specific situations which allows the grand parents to win custody over the parents. According to the Virginia Code Section 20-124.2, the custody of the child can be attained by filing petition for taking the care and custody of the grandchildren by the grandparents. As Section 20-124.1further explains, awarding custody to a person with legitimate interest can only be done if it is in the best interest of the child.
This leads to the answer of can the grandparents be awarded the custody of children in Virginia, as it is extremely difficult to get the custody of the children by the grandparents even in certain circumstances. As the cases that are linked to the custody of the grandparents in Virginia always result in raising the complex issues and it involves both the natural and grandparents. The grand parent or the parent of the child should make sure that all the important facts are reviewed by an experienced family lawyer.
If being a grandparent in Virginia you have any questions like can the grandparents be awarded the custody of children in Virginia, can the grand parents take the decisions of their grandchildren on their own?. Then we hope that this blog helped you in knowing the ways in which the court can handle these type of circumstances. We hope that this blog helped you in knowing the custody rights of grand children in Virginia!