Grandparent Rights in Virginia
My question involves grandparents rights in the State of: Virignia
My daughter gave birth to our first grandson about 2 years ago when she was in college. There is no father in the picture, he is listed as unknown on the birth certificate. Since that time, she and our grandson have lived with us. My wife and I have provided for both of them. We buy our grandson's toys, clothes, diapers, food, etc.
My daughter has been working evenings most of this time so we could care for our grandson when she was at work. She has worked in a restaurant as a server and a cook and has very little to show for it. I own her car, pay her car insurance, feed her, etc. She has managed to pay her own student loans and she has her own phone and she has used some public assistance for some food and medical services. She has not put any money away.
Recently, my wife quit her job so my daughter could return to school and complete her degree. My wife is watching our grandson and 2 other boys about the same age.
Last week, out of the blue, my daughter threatened to leave and take our grandson with her. She plans on moving in with a girl friend who is also a single mother, although there is a father in that picture who lives at another location.
I have read the Virginia Codes, § 20-124.1. Definitions, VirginiaCode § 20-124.2(B), and some of the cases sighted in this board.
From reading these it would look like if push came to shove we could get visitation rights. My question is since I have been pretty much the only male figure in raising this child for the past two years, my wife has been caring for him as well for the same time, is there a chance the courts would grant more than an occasional visitation.
My wife an I fully expect him to leave us at some point in time along with our daughter as we hope she and he will have the opportunity to move into a loving family environment of their own.
I have told my daughter that her son would be emotionally devastated if she just took him out of our home at this time and under these circumstances. Not to mention that she does not have the financial means or maturity to adequately care for him in the environment she plans on taking him. I mention maturity because she can't manage to do his laundry, clean up after him, etc. etc.
Any information or opinions would be appreciated.
Re: Grandparent Rights - Virginia
Quote:
My question is since I have been pretty much the only male figure in raising this child for the past two years, my wife has been caring for him as well for the same time, is there a chance the courts would grant more than an occasional visitation.
No.
IF the court were to grant any visitation at all, it would be based on whether having a continuing relationship with his grandparents would be in the best interests of the child and would not adversely affect the parent-child relationship.
The court isn't terribly interested in whether or not the grandparents feel a "male figure" is necessary - plenty of single mothers do a fine job of raising their children without the influence of any testosterone-laden being, no law requires a "male figure" in any child's life.
Re: Grandparent Rights - Virginia
Wow, I believe you missed my point by answering the question on its own and out of context. The "male figure" is probably a distant 3rd or 4th to the fact that for all practical purposes my wife and I have been raising and providing for our grandson for the past two years and to suddenly pull him from our home into a less than favorable environment would not be in his best interest. Perhaps your estrogen laden being missed the other twenty sentences in this post.
Re: Grandparent Rights in Virginia
I read your post just fine, including the bit where you wanted to know if you could get extra visitation based on being the only "male figure" in his life.
Here, this part:
Quote:
My question is since I have been pretty much the only male figure in raising this child for the past two years, my wife has been caring for him as well for the same time, is there a chance the courts would grant more than an occasional visitation.
In case you forgot.
The simple fact of the matter is that the court does not have to grant you ANY visitation AT ALL, let alone extra visitation based on what you feel is appropriate.
You don't seem to understand that the courts have held that it is up to the PARENTS to decide what is or is not a suitable environment for their child. If your daughter feels she and her son will thrive in the company of another single woman and her child, it's her right to bring her child up in that fashion. Your objection that the child won't have any "male figure" is not sufficient grounds for you to get visitation.
You MIGHT have a chance based on the fact that you have been the child's caregiver, but if I were you, I wouldn't hang my hat on it.