Q: My husband and I have raised my grandson since birth. He is now 4.5 years old. He had occasional visits with my son and
his wife. My son and his wife were separated, and she said she would file for divorce. My son recently died, and his estranged wife took our grandson and said we would not see him again. While caring for him, we never received nor asked for support from his parents. He attended school the 2022-2023 from our home, which was paid for by us. There was never any custody order, but my husband did have permission to take him to the doctor when needed. We miss him dearly and want him to be in our lives. What action can we take to have our grandson in our lives?
A:
A grandparent who has stood in the position of a parent to a minor child, in loco parentis in Latin, is an appropriate custodian for that child and can be awarded custody and/or visitation of the child. A grandparent is recognized as a "person with a legitimate interest" who can file for custody and/or visitation of a grandchild under Virginia Code Section 20-124.
Anyone with an interest in custody or visitation of a minor child should consult with an experienced Virginia family law lawyer.
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