Parents Are In Virginia, Grandparents Are In New York

Hello

I am married in Virginia and have a baby. I do not have a relationship with my parents . They want to see my daughter and we both do not trust my mother mentally or physically. We are saving her emails and phone calls because she is so violent. She is in a bad way with prescrition drugs and is why my relationship with her is terminated
Can they fight to see my daughter when my husband and I dont want them to. We are very good parents but she has even threatened to call CPS on us to make trouble. She seems to be violent, aggressive hallucinating and shes paranoid. Other people in the family have been involved with her behavior too...its just that it doesnt seem that she'll get well
My parents (the grandparents) have the time and money to get legal with this issue but we do not...what can we do to protect ourselves? What are their rights to my daughter with us in Virginia and grandparents in NY?
Thanks

Have you lived in VA long enough to have established residency? If you have then your parents will have to come to VA to file. VA does allow for gpv, however I'm googling for you as I'm most familiar with PA and NY. It looks as if they have to prove that NOT having a relationship with the child with hurt her.

Yes, both my husband and I are Virginia residents for the past 3 years. My daughter is 4 months old
Thanks for your help!

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Quoting CharliesMom

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Yes, both my husband and I are Virginia residents for the past 3 years. My daughter is 4 months old
Thanks for your help!

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No problem. Don't worry until she actually files. If she files in NY, then you have to get a lawyer in NY to fight juristiction. The statute that I'm coming up with is Virginia Code Section 20-124.1. Check it out and hopefully someone will come along who can help you further.

Virginia Code Section 20-124.1

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Quoting Happy Trails

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Virginia Code Section 20-124.1

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Thanks Happy! That's what I found, it doesn't seem to informative does it? I found some other stuff and have been trying to read thru it. It's mostly articles and we know how the news reports things.

Not to get ahead of myself, but if they were to "win" visitation......can I get them to come here to Virginia so it can be supervised by someone I know?

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Quoting CharliesMom

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Not to get ahead of myself, but if they were to "win" visitation......can I get them to come here to Virginia so it can be supervised by someone I know?

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It's a possibility, but one never knows how a judge is going to rule.

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Quoting Rushia

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Thanks Happy! That's what I found, it doesn't seem to informative does it? I found some other stuff and have been trying to read thru it. It's mostly articles and we know how the news reports things.

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This marriage is intact, so my first opinion was the grandparents would fail.

However, then I came across Williams vs Williams, where the Virginia Supreme Court held that is was not unconstitutional (even if the parents' marriage is intact and the parents objected) to order visitation providing it could be shown that without such visitation the child would be harmed.

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Quoting Happy Trails

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This marriage is intact, so my first opinion was the grandparents would fail.

However, then I came across Williams vs Williams, where the Virginia Supreme Court held that is was not unconstitutional (even if the parents' marriage is intact and the parents objected) to order visitation providing it could be shown that without such visitation the child would be harmed.

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Well, in the end the gps will have to file in VA. The rules here in NY are HORRIBLE and favor gps, so at least they have that in their favor.