Grandparents' Rights in Virginia: When Family Dynamics Get Complicated
When relationships end or tragedy strikes, loving grandparents can suddenly find themselves cut off from their grandchildren or the exact opposite being put into the position of being the primary caretaker. Sometimes the primary caretaker is then suddenly cut off from contact. These heartbreaking scenarios leave grandparents wondering: Do I have any legal rights to see my grandchildren?
The answer is yes—but it's complicated.
The Legal Reality
Parents have "fundamental rights" to make decisions about their children, including who gets to spend time with them. Courts assume parents act in their children's best interests, which means grandparents face an uphill battle when parents say no.
However, in Virginia an interested third party can petition for custody and visitation. These laws require grandparents to prove that the child would be, “actually harmed” if their grandparent does not have custody or visitation and that such time with the grandparent serves the child's best interests.
When You Have the Strongest Case
Certain situations give grandparents much stronger legal standing:
If you've been a primary caregiver or lived with your grandchildren, you have a much stronger case. In cases where the minor child has been left in your care for significant periods and you have stepped into the role of a parent, showing actual harm to the minor is often something which can be shown.
When there are questions about a parent's ability to care for their children, grandparents may seek custody or visitation, as well. Addiction issues or mental health issues for parents are often at play here, which makes protecting the child’s relationships more important for the court.
When your child passes away and the surviving parent cuts you out, courts are often more receptive to visitation requests, as well.
Every case hinges on "the best interests of the child." Courts look at:
Your existing relationship with the grandchildren
The child's wishes (if age-appropriate)
Whether visitation interferes with or enhances family relationships
Emotional and psychological benefits to the child
Your ability to provide appropriate care
If you're considering legal action, documentation is very important. Keep photos, cards, and records showing your relationship and document any caregiving you've provided. Courts also often want to hear from an expert, such as a therapist or custody evaluator, that the minor child is or will experience actual harm without contact with you. Save records of blocked communication attempts between you and the minor child. And keep notes how your relationship benefits the children as we often forget things that happen with time.
Legal action is emotionally and financially draining, and even winning may damage relationships further, so this is something to carefully and thoughtfully consider. Grandparents' rights exist, but success requires proving your relationship benefits the children enough to warrant court intervention in parental decisions. This is a high bar, but not impossible with the right circumstances. If you are a grandparent in this situation, I highly recommend consulting with a family law attorney who has experience in this area.
I also recommend reading a book in which I was quoted regarding grandparent rights: The Grandparent Effect: Helping Children Thrive through Love, Support, and Connection by Kristen J. Amundson.
If you have questions, Family First Law is happy to consult with you and assist you with the process.
SEE ALSO: What Happens If I Don’t Change My Will After Divorce?
