Culpeper, VA asked in Family Law and Child Custody for Virginia

Q: My grandsons mother has been taunting me for a yr now one minute she says yes then no. Can I take her court for visits?

There was a big fight about her boyfriend an my son since then she will tell me maybe we will see or just not respond. He would come over about every other weekend when first born then about 1-2 times a month for over nights. Now she just plays games I just want to be a part of his life.

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1 Lawyer Answer

A: Is there a current custody and visitation order in place? If so, then the easiest thing would be to have visitation during your son's visitation time. If not, you son can file for custody and visitation so that a visitation schedule is set, and again, you could see your grandson during your son's visitation time. Virginia Code does allow for a person with legitimate interest to file for custody or visitation, but to be granted there must be a showing by clear and convincing evidence that the best interest of the child would be served by an award custody or visitation to any other person with a legitimate interest. Speak to an attorney for more specific guidance about the facts of your case.

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