Would I be able to get full custody of my grandaughter based on her momther's behavior?

Full question:

In July of 2006, I went to court in Georgia and obtained legal custody of my 22 month of grandaughter.(Audrey) She had been placed in foster care after being severely injured by my daughter's male "roommate". My daughter was not home of time of injury (2:30am) but when social services inspected the house found it to be unsuitable for an infant. (Dirty clothes, dishes, no food etc). There was also some probability that my grandaughter had been sexually abused, though that was never determined as a fact. My daughter relocated to Virginia in December of 2006 to be close to her daughter but has taken very little interest in establishing herself as a mother . She has two full time jobs but contribues only about a $50 a week toward the care of my grandaughter and finds excuses almost every weekend to why she can not do more. I had given her my old apartment furnished, and moved to a house so that the baby could have her own room, but my daughter has only physically kept her on two nights since December. I have placed no restrictions on her visting. I am retired and planning to move out of state within the next year and feel, based on my daughter actions she is still not prepared to take care of my grandaughter. She is 30 years old and involved heavily in Poetry venues that use degrading and inappropriate lanuage. I know for a fact in the past she has taken my grandaughter with her. During one weekend in May I found out that she went to New Jersey and New York, to participate in a poetry venue while stating she had no funds to assist with her daughter.More importantly she has been caught up in several lies. For example: Saying she was ill and could not visit but finding out she had been out at a club. I would like to know if the aforementioned would be enough for me to get permanent custody of my grandaughter. The court issued custody until a certain time.

• Category: Guardianship
• Date: 04/07/2025
• State: Virginia

Answer:

You may be able to get permanent custody of your granddaughter based on your daughter's continued lifestyle and behavior.

In determining custody issues, the court will give primary consideration to the best interests of the child. The court will assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. The court will give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody to any other person with a legitimate interest. In determining the best interests of a child for purposes of determining custody, the court shall consider the following:

1. The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs;

2. The age and physical and mental condition of each parent;

3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;

4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members;

5. The role which each parent has played and will play in the future, in the upbringing and care of the child;

6. The propensity of each parent to actively support the child's contact and relationship with the other parent, including whether

a parent has unreasonably denied the other parent access to or visitation with the child;

7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;

8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference;

9. Any history of family abuse as that term is defined in § 16.1-228; and

10. Such other factors as the court deems necessary and proper to the determination.