Third Party Custody Lawyer Virginia Beach, VA
Your phone rang at 6:30 in the morning. It was your daughter in tears. She’d been arrested the night before, and Child Protective Services had taken your two grandchildren to an emergency foster placement. You’re a grandparent who has helped raise those kids since they were babies. Now a social worker is telling you that unless a family member steps forward, the children will stay in foster care. You ask: Can I get custody? In Virginia Beach, third-party custody may be a path to keep those children with family. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. help grandparents, aunts, uncles, and other concerned adults pursue custody when a child’s parents are unable to provide a safe home. Reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Strategy Options When You Seek Custody as a Grandparent or Other Relative
The legal approach depends on the family’s circumstances. If both parents agree you should have custody, a petition for custody by consent may be filed in the Virginia Beach Juvenile and Domestic Relations District Court. When one or both parents contest, you must show that the parent is unfit or that extraordinary circumstances justify placing the child with you. Our attorneys examine the facts carefully — a parent’s substance use, incarceration, abandonment, or mental health crisis may support a third-party custody petition under Virginia’s best-interest factors. In an emergency, an immediate petition for temporary custody can be presented to a judge to secure the child’s safety while the case proceeds.
Mr. Sris and his Of Counsel also evaluate whether a custody arrangement can be reached through negotiation or mediation. When possible, a consent order outlining the rights and responsibilities of the third-party custodian avoids a contested hearing. If litigation is necessary, the team prepares to present evidence at trial — calling witnesses, introducing school and medical records, and challenging any allegations that the third party is unsuitable.
What to Expect in Virginia Beach Juvenile and Domestic Relations Court
Third-party custody matters are heard at the Virginia Beach Juvenile and Domestic Relations District Court, located at 2425 Nimmo Parkway, Building 10B. Cases involving divorce or a pending divorce that include custody may also be heard in the Virginia Beach Circuit Court. The process begins with filing a petition. The court will schedule an initial hearing, often within a few weeks for emergency petitions. A guardian ad litem — an attorney appointed to represent the child’s interests — is commonly assigned to investigate and make a recommendation to the judge.
The court’s primary consideration is the best interests of the child. Under Virginia Code § 20-124.3, the judge weighs ten factors, including the child’s age and physical and mental condition, the relationship between the child and each parent, the child’s need for stability, and any history of family abuse. A third party does not have the same constitutional parental presumption, so the evidence must be thorough. Mr. Sris and his Of Counsel work with families to present a complete picture of how the proposed custody arrangement serves the child’s well‑being.
Understanding the Legal Standard: Best Interests, Parental Unfitness, and Extraordinary Circumstances
Virginia law presumes a fit parent acts in the child’s best interests. To overcome that presumption, a third party must prove by clear and convincing evidence that the parent is unfit or that special facts and circumstances make it in the child’s best interest for a non-parent to have custody. A finding of unfitness can stem from abandonment, neglect, abuse, substance dependence, or a parent’s inability to meet the child’s needs. Even without a finding of unfitness, a court may grant custody to a third party if the child has been in the third party’s care for an extended period and removing the child would cause serious harm.
Every case is fact‑intensive. The legal team gathers supporting evidence — from school attendance records to witness affidavits describing the parent’s absence. Where a child has been the subject of a prior CPS investigation or court order, those records become part of the analysis. Past results do not guarantee a similar outcome; each matter turns on the specific evidence presented. Mr. Sris and his Of Counsel work to build the strongest possible record so the court hears the complete story.
Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. A former prosecutor, he understands how the courts evaluate evidence and credibility. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), and that first‑hand familiarity with Virginia’s legislative process informs his approach to complex custody disputes.
Mr. Sris’s Of Counsel team brings extensive experience in family and juvenile law. The firm’s collective approach means multiple attorneys review strategy, and local practice familiarity — including appearances before Virginia Beach judges — guides the case. While no one can promise a particular result, the firm’s focus on preparation and thorough advocacy serves families throughout Virginia Beach, Sandbridge, and Oceana. Results may vary.
Frequently Asked Questions
Can a grandparent get custody of a grandchild in Virginia Beach?
Yes, a grandparent may petition for custody if the child’s parents are unable to provide proper care. The grandparent must show that the parent is unfit or that extraordinary circumstances justify placing the child with the grandparent. The Virginia Beach Juvenile and Domestic Relations Court decides custody based on the child’s best interests under Va. Code § 20-124.3. The court weighs factors such as the child’s relationship with the grandparent, the parent’s history of neglect or abuse, and the stability the grandparent offers.
What is the difference between third-party custody and guardianship?
Custody gives a third party the right to make day-to-day decisions and have the child live with them; guardianship generally involves managing the child’s estate or personal affairs and may be sought under a separate statutory framework. In Virginia, a custody order from the Juvenile and Domestic Relations Court remains in place until modified by the court. A guardianship, by contrast, can be established through the Circuit Court and may carry additional financial responsibilities. For many grandparents and relatives, custody is the more direct route to provide a permanent home.
How long does a third-party custody case take in Virginia Beach?
Emergency temporary custody can be obtained within days if the child is in immediate danger. A final custody hearing may take several months, depending on the court’s calendar, the need for a guardian ad litem investigation, and whether the parents contest the petition. Every case moves at a different pace. Mr. Sris and his Of Counsel keep clients informed of scheduling and work to move the matter forward as efficiently as possible.
Do I need a lawyer to file for third-party custody?
You are not required to have a lawyer, but third-party custody cases involve a heightened legal standard and complex evidence. A lawyer helps you meet statutory requirements, gather the necessary documentation, and present the case clearly to the judge. At Law Offices Of SRIS, P.C., consultations are available by appointment, and Mr. Sris and his Of Counsel can discuss your situation and whether representation is appropriate.
What should I bring to a consultation about third-party custody?
Bring any existing court orders involving the child, CPS reports, school records, medical records, and a written summary of the child’s living situation and your relationship with them. A list of witnesses who can support your petition — teachers, doctors, neighbors — is also helpful. The more information your attorney has early on, the more efficiently the case can be assessed and a strategy developed.
Can a stepparent or other relative file for third-party custody?
Yes, stepparents, aunts, uncles, and other adults with a significant relationship to the child may petition for custody. The court examines the same best-interest factors and applies the same clear-and-convincing standard. If the child has lived with you for a substantial period and you have been the primary caregiver, your petition is typically viewed as stronger. Each case is fact-specific, and an attorney can help evaluate your standing.
A Virginia court deciding third-party custody must consider the ten factors listed in Va. Code § 20-124.3.
Source: Va. Code § 20-124.3. Virginia Legislative Information System
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.
For a full statutory breakdown of third-party custody and related family law topics, see our comprehensive analysis at srislawyer.com/family-law.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(888) 437-7747
By appointment only.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.