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CALLYes. Grandparents can seek custody when a parent is unfit, unable to provide safe care, or when extraordinary circumstances place their grandchild’s well-being at risk. If you’re considering seeking custody to ensure your grandchild’s safety, our Manassas, VA, child custody attorneys at Bristle Schulze can evaluate the facts of your case, explain your rights, prepare your custody petition, and present the proof the court requires so your grandchild’s safety and stability remain central to the case.
What Exactly Does Parental Unfitness Mean?
Virginia doesn’t use a single checklist to define unfitness. Instead, judges look at whether a parent can provide safe, stable, and appropriate care. Findings that can support unfitness include neglect, abuse, chronic substance use, untreated mental illness that affects parenting, abandonment, repeated incarceration, or a pattern of unsafe decisions that put your grandchild at risk.
Likewise, custody decisions follow the best interests standard. However, because parents have a constitutional right to raise their children, you must demonstrate more than a preference for a different home. The evidence must show that court intervention is necessary to protect your grandchild’s welfare.
When Can Grandparents Petition for Custody in Manassas, VA?
You can file a custody petition in the Prince William Juvenile and Domestic Relations District Court when circumstances show that a parent can’t meet your grandchild’s basic needs or keep them safe. These circumstances typically involve:
- A parent’s incarceration or repeated arrests that leave your grandchild without consistent care
- Serious substance use that impairs supervision
- Domestic violence in the home
- Abandonment or long periods without contact
- Medical or mental health conditions that prevent safe parenting
Judges will examine whether placing your grandchild with you will provide stability, continuity, and protection. The focus stays on your grandchild’s daily life, including housing, school, medical care, routines, and emotional support.
What Must Grandparents Prove to Overcome Parental Rights?
Because parental rights are fundamental, you must present clear and convincing evidence of unfitness, inability, abandonment, or extraordinary circumstances. Judges look for specific facts. Examples that carry weight in court include:
- Police or protective-order records tied to your grandchild’s safety
- CPS reports and safety plans
- Medical or school records showing neglect or repeated absences
- Drug test results or treatment records
- Witness statements from teachers, doctors, coaches, or caregivers
- A documented history of you providing day-to-day care
A Manassas, VA, grandparents’ rights attorney can organize this evidence into a custody case that the court can evaluate quickly and accurately.
How Does a Judge Decide Custody Between a Parent and a Grandparent in Manassas, VA?
A judge will weigh your grandchild’s physical and emotional needs, the stability of each home, your grandchild’s relationship with you, and any safety risks. If a parent is found unfit or unable to provide appropriate care, the court can award physical and legal child custody to you when that placement best serves your grandchild.
Timing is immensely vital. Emergency conditions can justify temporary orders to protect your grandchild while the case proceeds. A grandparents’ rights attorney in Manassas, VA, can prepare petitions, affidavits, and proposed orders so the court can act fast.
What Happens After a Grandparent Receives Custody?
Custody orders can include decision-making authority, school enrollment, medical consent, and child support. If a parent later stabilizes, the court can review custody again. A Manassas, VA, grandparents’ rights lawyer can help you set up durable orders and plan for future reviews so your grandchild experience as little stress as possible.
Talk to Our Grandparents’ Rights Attorneys in Manassas, VA
If you believe your grandchild is not safe and you’re ready to explore custody, book your confidential appointment with our Manassas, VA, grandparents’ rights lawyers at Bristle Schulze online or at 703-454-0701.