Grandparents’ Rights Lawyer in Manassas

The rights that parents have in relation to their children in Virginia are of primary importance. As a result, grandparents have no inherent right to visitation with their grandchildren. There are, however, specific circumstances in which Virginia does grant grandparents the right to visitation with or even custody of their grandchildren. Turn to our experienced Manassas grandparents’ rights lawyers at Bristle Schulze for the help you need.

Your Legitimate Interest in Your Grandchildren

When it comes to granting third parties, meaning anyone other than the children’s parents, visitation or custody, Virginia requires that they have a legitimate interest in the children. Although every case is specific to the unique situation at hand, grandparents often qualify as meeting this legitimate-interest requirement.

Clear and Convincing Evidence that Visitation Is in the Children’s Best Interests

Ultimately, the Prince William County Juvenile and Domestic Relations District Court handles grandparents’ rights cases in Manassas. To begin, the primacy of the parents’ rights must be upheld. If, however, there is clear and convincing evidence that the children’s best interests are best served by having their grandparents in their lives, visitation or custody may be awarded.

When a Grandparent’s Legitimate Interest in Visitation Is Lost

Often, grandparents are determined to have a legitimate interest in visitation with their grandchildren. There are, however, instances when this qualifier doesn’t apply, and they include:

• When the parent who is the grandparent’s son or daughter has had their parental rights terminated
• When the grandchildren have been legally adopted by anyone other than a stepparent

When the Parents Are Fit

If both of a child’s parents, or a sole surviving parent, are fit to care for them, which means meeting their primary needs, the bar for grandparent visitation is even higher. If the parents or the surviving parent do not consent to visitation with the child’s grandparent, the court must consider whether not awarding the grandparent visitation will harm the children.

When Denial of Visitation Does Not Harm the Children

If the children will experience no harm because of being denied visitation with the grandparent, the presiding judge must honor the parental objection. This means that visitation will not be allowed.

When Only One Parent Objects

It’s important to note here that, if only one of the children’s parents is deemed a fit object, the court needn’t assess whether denial of visitation would harm the children. Instead, the presiding judge must determine if the grandparent has a legitimate interest in seeing the children and whether visitation with them is in the children’s best interests.

Consult with Our Experienced Manassas Grandparents’ Rights Attorneys Today

Successfully asserting your rights to visitation as a grandparent is a legally challenging matter that you are well advised not to tackle on your own. Our compassionate Manassas grandparents rights lawyers at Bristle Schulze dedicate our imposing practice to helping valued clients prevail with optimal case outcomes, and we’re on your side. To learn more, please don’t delay contacting us online or giving our firm a call at 703-454-0701 today.