Rights and Privileges of Family Members After Divorce

Before, during, or after divorce, one or both parents of a child ban extended family members from visiting or spending time with the child. This often happens with a grandparent but may apply to stepparents and other family members as well. A family member who’s prevented from entering the child’s life can petition the court to allow visitation.

Person with Legitimate Interest

In the state of Virginia, a person with “legitimate interest” may ask the court for rights of visitation with a grandchild, niece, or nephew. A person with a legitimate interest may include grandparents, former or current stepparents, siblings or other blood relatives of the child’s parents, or other family members. For the purposes of simplicity, this post will discuss grandparents’ visitation. If you or someone you love is considering petitioning the court for grandparents’ rights or any other family law matter, contact a divorce lawyer Chesapeake VA.

Objection to Grandparent Visitation

A grandparent must determine if both parents are unified in the decision to ban the grandmother or grandfather from visiting the child. One parent may be opposed to the child and grandparent having a relationship while the other is open to the possibility. In the event the parents both object to the grandparent’s wish to know the child, the grandparent must convince the court that the child may suffer “harm” without knowing his or her grandparent.

This challenge is difficult because the court must believe that the child’s welfare or physical health will suffer without the grandparent’s visitation. For instance, if the grandparent has previously provided financial support or shelter to the child’s parents, it may be possible to argue that the child will suffer without this support in the future.

Best Interest of the Child

If one parent wants to ban the grandparent from a relationship with the child but the other parent is agreeable, it’s not necessary for the grandparent to provide proof that the child may suffer harm without visitation. In this scenario, the court must determine if there’s enough evidence that allowing visitation with the grandparent is in the child’s best interest.

If the court believes it is, the grandparent receives court-ordered visitation with his or her grandson or grand-daughter. When the best interest of the child is used as the legal standard, the grandparent is often successful at receiving visitation privileges.