Can a grandparent go to court and take a child from it biological parent without first notifying the parent of the hearing?
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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 11 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.
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