Can a court give joint custody to a grandparent?
The court can also make an order for joint custody between a parent of the child and a grandparent. The same consideration of the best interests of the child are paramount. In an application for joint custody the court can specify where the child is to live.
What are the rights of grandparents in guardianship?
By making decisions about important issues related to the welfare of the child, the guardian exercises this right. Secondly, access is contact with the child and finally, custody is the day to day care of the child. A grandparent may apply for guardianship, access or custody by application to the District Court.
Is the custody of a child the same as the guardianship?
Guardianship under the Family Law Actand custody under the Divorce Actmean almost but not quite the same thing. Both include the right and responsibility to make important decisions for a child. An order for custody also includes the right to have the child present, subject to an order for access.
Can a court make an order for joint custody of a child?
However, the court will not make an order for custody of a child without the consent of the child’s guardians unless it is satisfied that it is in the best interests of the child. The court can also make an order for joint custody between a parent of the child and a grandparent.
When to use joint custody or guardianship of a child?
In most situations, guardianship is only used when both parents are unable to care for a child. If there is joint custody and something happens to one parent, the other parent will usually take on full custody at least until the other parent recovers.
Can a grandparent get joint custody of a child in a divorce?
For a grandparent to get custody of a child in a divorce, both parents must first be legally found not to be fit to have sole custody. Importantly, too, if parental rights are terminated by Virginia, the legal connection to the child is severed for both the parent and grandparent.
What happens if grandparents do not have legal guardianship?
Although courts give parents special consideration in custody cases, if the grandparents lack legal guardianship, the parents may be able to reclaim their children without going through the legal system. Even if the grandparents have guardianship, however, the parents’ rights are not normally terminated.
Can a parent get joint custody of a grandchild in Virginia?
Importantly, too, if parental rights are terminated by Virginia, the legal connection to the child is severed for both the parent and grandparent.