Legal Question in Family Law in Virginia

''Guardianship''

When divorced parents have joint custody of a child, can the custody rights of one of the parents if he/she wants to do so be turned over to the grandparents, his/her parents? Thank you for any comments on this question.


Asked on 3/16/06, 3:37 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: ''Guardianship''

Only if approved by the court having jurisdiction over the custody matter.

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Answered on 3/16/06, 7:20 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: ''Guardianship''

Can custody rights be turned over to grandparents?

No. You can't "turn over" your rights to anyone. Any rights any person other than a child's natural parents would have, would have to come from a Court. You may not assign any rights to a third party including the child's granparents. In and of themselves, grandparents have no special rights. They would have to apply for any custody or court ordered visitation they would hope for.

It is also very risky for a parent to voluntarily divest themselves of parental rights. Other than incarceration or death the Court prefers natural parents assuming responsibility of their children. If a parent is divested in favor of an adoption, then that natural parents whole family are cut out of the child's life. This may be more than you bargained for.

Good luck.

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Answered on 3/16/06, 9:28 pm


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