Grandparent Visitation Rights in Virginia: When Can Virginia Relatives Request Custody or Visitation?

The holiday season often highlights how important family connections are, especially for children. However, when parents separate or family disputes arise, grandparents may suddenly find themselves cut off from the grandchildren they love.

Grandparent visitation cases are complicated, but you do have options. Our Virginia family law attorney explains when grandparents can request visitation or custody and what courts look for in these cases.

When Virginia Grandparents Can Request Visitation or Custody

Parents have the right to make decisions that impact their children, including who they spend time with. Because of this, Virginia law sets a high standard for grandparents to gain visitation. However, courts also recognize that maintaining extended family relationships can benefit children, especially during emotionally difficult times like the holidays.

Under the Virginia Code (Section 20-124.2), grandparents may request visitation or custody in certain situations. You may be able to petition the court if:

• There is a breakdown in the parent-child relationship, and you are denied contact with grandchildren.
• One or both parents have proven unfit or unable to care for your grandchild.
• A parent has passed away, is incarcerated, or is otherwise absent from your grandchild’s life.
• Your grandchild lived with you for a significant period.
• You are their primary caregiver or provide substantial emotional support.

To succeed, you must show that continuing your relationship is in the child’s best interests and that denying contact would actually harm your grandchild.

What the Virginia Court Considers in Grandparent Custody and Visitation Cases

Even when grandparents have a strong bond with a child, the Virginia Family Court must still balance that against a parent’s right to decide what is best. Judges only award visitation or custody to grandparents in limited situations, and the evidence you provide can make the difference.

When evaluating grandparent visitation in Virginia, factors that family court judges generally consider include:

• The strength of your relationship with your grandchild.
• The child’s emotional needs and stability.
• The reasons the parent is denying contact.
• Any history of caretaking, support, or involvement.
• Whether maintaining the relationship would benefit the child’s long-term well-being.

When there are concerns about the child’s safety or the parents’ ability to care for them, the Virginia court may award grandparents temporary or permanent custody. However, you need evidence, such as journals documenting problems with the parents and testimony from teachers, counselors, or others involved in the child’s life

To Protect Your Grandchild and Your Rights as a Grandparent, Contact Our Virginia Family Law Attorney

If you are a grandparent and seeking visitation or custody in Virginia, you need to know how state laws apply. Schwartz Kalina, PLLC, has extensive experience representing clients in these cases and is here to help.

We know how heart-wrenching these cases can be, especially around the holidays. Our Virginia family law attorney will listen, evaluate your options, and help you take the legal steps needed to assert your rights. To schedule a consultation, call or contact us online today.

Sources:

law.lis.virginia.gov/vacode/title20/chapter6.1/section20-124.2/

loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou