The petitioner in any case has the burden of proof in showing they are entitled to that relief to which they are seeking. The applicable codes on child custody and visitation are 20-124.1 and 20-124.1. As you have discovered, the law has many "intricacies". You should not be handling a child custody/visitation case without legal counsel, particularly when you are seeking third-party visitations. You should consult with a Virginia Beach child custody and visitation attorney.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
You have asked alot of questions. Could you be more specific concerning the background of the grandparents visitation and what the circumstances of the changes are? Was the grandparent visitation Court ordered or by agreement?
The grandparents have the burden. If both the mother and father agree on denying grandparent visitation, then the grandparents need to prove their lack of visitation will cause the child "actual harm". A very high burden. See Va. Code 20-124.1 and .2. The grandparents must prove the "actual harm" test by clear and convincing evidence.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Zeigler is licensed to practice in the Commonwealth of Virginia, United States Court of Appeals 4th Circuit, United States Bankruptcy Court (E.D. VA) and United States District Court (E.D. VA). Any comments posted are based on an analysis of only Virginia law or relevant federal law and the limited facts given. There is no implied or actual attorney-client relationship arising from this posting. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights.
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