Grandparents' Rights

Chesapeake Grandparents’ Rights Lawyer

Advancing Your Best Interests in Chesapeake, Virginia Beach & Suffolk, VA

Building strong relationships between grandparents and their grandchildren is a cherished aspect of family life, offering emotional support and continuity across generations. These connections enrich the lives of grandparents and grandchildren, fostering a sense of belonging and shared history.

However, circumstances such as divorce, the loss of a parent, or family conflicts can strain or even sever these bonds, leaving parties deprived of invaluable companionship and nurturing. In such challenging times, legal support can play a crucial role in helping grandparents preserve these vital relationships, enabling family ties to remain resilient and meaningful despite the difficulties.

At Pettrey Law, PLC, many clients want to understand grandparents' rights. We have assisted parents who wish to block their children’s contact with grandparents and grandparents who want to take legal steps to maintain contact with their grandchildren. In some cases, grandparents want to fight for custody of a grandchild.

We understand the delicate nature of these cases and work diligently to establish and safeguard your legal rights. Our work is founded on the principle of what is in the best interests of the child(ren); this is the overarching policy of the Virginia courts.

Arrange for a case review with a Chesapeake grandparents’ rights attorney at Pettrey Law, PLC. Call (757) 796-6996 or contact us online to make a phone, in-person, or virtual consultation.

Can Grandparents Get Visitation Rights in Chesapeake?

Until 40 years ago, grandparent rights were unheard of. However, when grandparents are involved in the lives of their grandchildren, strong bonds often form. When death or divorce threatens to separate them from their grandchildren today, many grandparents turn to the law to help them maintain a relationship with their grandchildren.

Most states provide statutory guidance on grandparents' visitation or custody rights, though it is not always as inclusive as the grandparents want it to be. It is a state-by-state issue, and knowing the laws in Virginia is essential to understanding these rights.

Virginia law recognizes the potential need for grandparents to be involved in their grandchildren's lives and provides avenues for seeking visitation or custody under certain conditions. This right is based on Virginia’s statute that allows a “person with a legitimate interest” to petition courts for visitation.

A petition for such an arrangement must demonstrate that it serves the child's best interests. This is especially relevant when the grandparent-grandchild relationship is well-established and beneficial to the child's well-being.

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Have questions or need legal assistance? We're here to help. Reach out today for a consultation, and let us guide you through your legal journey with compassion and expertise. Contact Pettrey Law, PLC and get the support you deserve.

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Court Considerations in Virginia Grandparent Visitation Rights

The courts consider certain factors when determining whether or not a grandparent should be allowed visitation rights. Common factors include:

Best interest of the child: The court will consider whether it is in the child's best interest to have visitation with the grandparents.
Previous relationship: The court will consider the relationship between the grandparent and the grandchild to determine whether it should continue.
Child's preference: When the grandchild is older, the court may consider whether or not they wish to have visitation with their grandparents.
Parental involvement: Are both parents alive and active in the child's life? Are the parents fit to be the custodians of the child? Are the parents together, separated, or divorced? The court will consider all of these factors.

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At Pettrey Law, PLC, your needs come first. We focus on personalized legal strategies, ensuring you receive the guidance and support tailored to your unique situation.

When Can't Grandparents Request Visitation Rights in Virginia?

Most jurisdictions hold that when a child is adopted and the biological parents' rights are terminated, so are the rights of the biological grandparents. This means the biological grandparents cannot seek visitation rights with the child.

Due to the holding in Troxel vs. Granville, 530 U.S. 57 (2000), the courts place great weight on a parent's right to make decisions regarding their child. It is seen as fundamental to their oversight, care, and custody, which means parents have the right to decide who can visit their child.

Discuss Your Grandparent’s Rights at Pettrey Law, PLC

Grandparents can face significant challenges when asserting their rights, as courts prioritize parental autonomy. Successfully navigating the legal process requires compelling evidence of why grandparent involvement is essential for a child's welfare.

This is where experienced legal representation becomes invaluable. Our skilled attorney can help you present a well-prepared case to effectively advocate for you in court.

We can also guide and assist parents in disputes related to grandparents' rights, applying our extensive legal experience to protect your interests.

Call (757) 796-6996 or submit our online contact form to request an initial consultation with our Chesapeake grandparents’ rights attorney.

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