Grandparents often play an important role in a child’s life, offering emotional support, stability, and a meaningful family connection. When family circumstances change, many grandparents wonder if they have legal options to maintain that connection. The answer is yes, grandparents’ rights in Virginia exist, but courts recognize them only when circumstances indicate that granting grandparents visitation or custody is in the child’s best interests.
At Tavss Fletcher, we understand how devastating it can be for grandparents to lose contact with a beloved grandchild. Our family law attorneys have helped families in Virginia and North Carolina navigate complex family law matters for over 30 years. With extensive experience in divorce, custody, guardianship, and visitation matters, we can guide grandparents through the legal visitation or custody request processes with knowledge and compassion.
Understanding Grandparents’ Rights in Virginia
Generally, a child’s birth or adoptive parents have both the obligation to support them and the right to make important decisions about their life, like where they live and who they see. Virginia courts usually assume the parent will make choices in the child’s best interests, particularly related to the child’s safety, well-being, and emotional development. Before a grandparent seeks legal rights, the parents’ decision-making must typically be called into question.
Visitation Rights
A grandparent may request visitation rights, meaning the right to see the child at certain times and under certain conditions, like meeting in one specific place. To establish visitation, grandparents must file a formal legal request with the court and, unless the child’s caregivers agree, provide evidence to convince the court that granting visitation is in the child’s best interests.
Custody Rights
Virginia grandparents’ rights to custody are even more limited than visitation. A court will only grant custody to a grandparent if staying with the parent is not in the child’s best interests.
Obtaining Grandparents’ Visitation Rights in Virginia
Although courts give great weight to parental rights, there are scenarios where courts are more likely to award grandparents’ visitation rights in Virginia. To get visitation rights when a parent objects, a grandparent must show that denying contact would cause actual harm to the child’s health or well-being in practical terms. That means proving not only that the grandparent-grandchild relationship would be beneficial, but that the lack of that relationship would be harmful.
When deciding whether to award a grandparent visitation rights, courts may consider:
- What is the nature of the current relationship between the grandparent and the child?
- Has the grandparent played a consistent and meaningful role in the child’s daily life?
- Is there credible evidence that losing contact would negatively impact the child’s emotional or psychological health?
Judges may also consider the child’s preferences, depending on age and maturity, and the reasons behind the parent’s objection to visitation. The grandparent has the burden of proof—the legal responsibility to present enough convincing evidence. In families where both parents are alive and married and oppose the grandparents’ request, courts hesitate to interfere by granting grandparent visitation.
When Grandparent Visitation Is in the Child’s Best Interests
Although Virginia courts rarely grant grandparent visitation, some circumstances make it more likely that a court will conclude visitation is in the child’s best interests. These circumstances typically involve disruption to the nuclear family unit, unwillingness or inability by a parent to provide what the child needs, or a strong history of caregiving by the grandparent. Courts assess each case carefully, comparing the unique facts and circumstances.
Death or Incarceration of a Parent
When one parent dies, goes to jail, or is otherwise physically unavailable, courts may grant visitation between a child and the absent parent’s parents to maintain a connection with that side of the family. If the remaining parent objects, the court weighs the harm that could result from ending the grandparent-grandchild relationship.
Divorce or Custody Disputes
In contentious divorces, one parent may cut off contact between the child and the other parent’s family. If a grandparent and their side of the child’s family lose access to the child as a result of divorce, the grandparent may be more likely to convince a judge that grandparent visitation would be in the child’s best interests.
Risk to the Child
In cases involving neglect, abuse, or other dangers, the government may remove a child from a parent’s custody or permanently terminate the parent’s rights to the child. When children are placed with relatives or in foster care, grandparents may request visitation, or even custody, if it is in the child’s best interests.
Filing for Grandparent Visitation in Virginia
Seeking visitation requires a formal legal process. Grandparents must file a formal request with the court where the child resides, then present evidence and, potentially, go to trial. To convince a court that visitation is in the child’s best interests, grandparents must show:
- That they have a pre-existing relationship with the child;
- That visitation would benefit the child’s mental, emotional, or physical health; and
- That denying visitation would result in actual harm to the child.
Evidence like the following may help convince the court:
- Photographs,
- School or medical records,
- Counselor notes, or
- Written statements describing the situation.
Providing the best evidence is essential to demonstrate the strength of the grandparent-grandchild bond and the potential harm from losing contact.
Grandparent Custody
When the government determines that a child cannot safely remain with their parents, Virginia’s Department of Social Services first attempts to place them with relatives, including grandparents. This practice, called kinship care, helps children stay connected to family during times of crisis. It can happen informally or through court-approved arrangements.
Grandparents caring for a grandchild removed from their parents’ custody may:
- Request permanent custody or guardianship;
- Request visitation rights as part of a long-term plan for the child’s well-being if they return to their parents; and
- Participate in support services or foster care training.
By staying actively involved in their grandchildren’s lives, grandparents help maintain family ties and reduce the trauma of separation.
Talk to a Family Law Attorney About Grandparents’ Rights in VA
Getting grandparents’ rights in VA can be complex and emotionally charged. Parents often have strong feelings about who should be involved in their child’s life, and courts are cautious about interfering with those decisions. Yet, parents do not always make the best choices for their children.
At Tavss Fletcher, we help grandparents assess their options and determine the best course of action. For more than thirty years, we have proudly served families across Virginia and North Carolina. Whether you are pursuing visitation or custody, our team is here to provide trusted legal guidance tailored to your family’s needs. Contact us today to learn how we can help.