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

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?

Related Topics:
1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Divorce Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.