Grandparents' and Relatives' Rights

Securing Rights for Children's Close Relatives

In many families, grandparents, aunts, uncles and other close family members are taking on a greater role in caring for children. Family law has responded in some cases by granting custody and visitation rights to grandparents and other relatives.

If you need help from an attorney in understanding and pursuing grandparents' or relatives' rights, contact me to schedule an appointment at my Northern Virginia office in Fairfax or my Lynchburg area office in Forest.

Special Situations Require Special Approaches

Under normal circumstances, Virginia family law presumes that the natural parents of a child are preferred when it comes to custody and visitation of that child. There are situations, however, where other family members can be given a formal legal role. These include the following:

• If the natural parents have been determined to be unfit to care for the child and grandparents or other relatives are willing and able to do so, they may be granted custody rights. This outcome is generally considered preferable to placing the child in foster care.
• If the natural parents have effectively abandoned the child, close relatives such as grandparents may be favored when the family court determines how to place the child.
• If the grandparents or other relatives have been responsible for raising the child and then one or both natural parents try to remove them from that role, the court may consider it damaging to the child to discontinue that relationship and grant the relatives some level of legal custody or visitation.

If you need help asserting your grandparents' or relatives' rights in Virginia family court, contact me to discuss how I can advocate for your goals.