Can a grandparent go to court and take a child from it biological parent without first notifying the parent of the hearing?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a grandparent go to court and take a child from it biological parent without first notifying the parent of the hearing?

Asked on December 26, 2012 under Family Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, whenever any orders are being requested regarding child custody, the parent must be notified of the hearing and given the opportunity to respond.  There are some exceptions.  The first is for temporary orders.  Some judges will approve what are called "temporary ex parte" orders which grant a grandparent possession of the child, followed by a hearing a short time later to determine whether the temporary orders should continue.  The second exception is when a grandparent seeks custody, but is having trouble getting a parent served.  There are methods of service other than personal service. In order to get alternative service, the grandparent has to jump through extra hoops to show the court that this method of service is needed.

If you are a parent that is being threatened with a custody dispute, you need to contact the clerk of the court and the court coordinator to find out the status of the case and the dates for any up-coming hearings.  You also need to file an answer asap to show the judge that you are not an absent parent.  Once you get involved in the suit, it is then the grandparent's burden to show they have standing to file suit and that you are not fit to be conservator of the child.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption