Legal Question in Family Law in Virginia

As a grandparent do I have rights to custody I've raised my granddaughter 5+ years my son just recently filed divorce in January not final yet but him and mom has joint custody at the moment he resides with me at the moment but has talked of moving and taking her my home is the only home she has ever known she doesn't want to go her mother left her long ago I've done everything a mother does I've been her sole caregiver

Asked on 10/06/13, 10:14 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Since your son is apparently the natural father of this child and already shares joint custody with the mother, under the facts you've described as the child's grandmother, the law would likely regard your son's custody rights as taking precedence over yours(in my opinion).

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Answered on 10/07/13, 9:33 am

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