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Can a grandparent become the Guardian Ad Litem?

Harrisonburg, VA |

My child is in jail (for about 6 months) and the ex is filing for full custody and very limited visitation. He/she loves the child and their is no abuse or misconduct with either parent. The child has been appointed a Guardian Ad Litem and all I care about is my grandchild being happy and well taken care of. I am not sure what rights grandparents have in VA

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Attorney answers 1


A Guardian ad Litem must be an attorney who is tasked with investigating the case to determine the best interests of the child, and reporting that to the court, who makes the final determination for what is in the best interests of the child. For that reason, I would say that it would not be wise for a grandparent to fill that role, even if they were an attorney. As a grandparent, you do not have much in the way of custodial rights as compared toy the parent, especially in terms of a parent who is not unfit. That said, provisions could be made for visitation with you, but that would require the acquiescence of the ex. I would advise speaking to her about whether she would consider permitting you some visitation. Just know that she can say no, and the court would not be able to override her decision unless she is proven to be unfit in some way.

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