Do Grandparents Have Visitation Rights in Virginia?

In some families, grandparents play a special role, which can enrich a grandchild's life. When grandparents have established a healthy bond, courts may uphold their visitation rights. However, in Virginia, as in most states, grandparents' rights are secondary to a parent's. Parents have the right to raise their own children and decide with whom the children will exercise visitation.

A child's best interests are the central focus of any custody case. Grandparent visitation can't occur unless a judge determines that it would serve a child's best interests and certain factors are met. Each state has different rules governing grandparent visitation. It's important to understand grandparent visitation rights in your state before filing a court action. This article provides an overview of grandparent visitation in Virginia. If you have specific questions, contact a local family law attorney for advice.

Overview of Grandparent Visitation Laws

Courts presume that a parent is the best person to recognize a child's physical and emotional needs and make choices that serve the child's best interests. Yet, not all parents are able to recognize and meet a child's needs. In those cases, a grandparent may want to intervene.

Some form of grandparent rights are recognized in every state. However, there isn't any federal law regulating grandparent visitation. What this means is that each state has some nuances in its rules governing grandparent rights. The closest thing to a federal grandparent visitation law comes out of the U.S. Supreme Court case Troxel v. Granville. In Troxel, the Supreme Court upheld the constitutionality of a broad grandparent visitation law out of Washington. Although the Washington law was upheld, the Troxel case required a parent's preferences to be considered before awarding grandparent visitation. Also, under Troxel, grandparent visitation shouldn't interfere with a parent's basic rights. Some exceptions apply to the above rules if parents are deemed unfit.

Grandparent Visitation Rights in Virginia

In Virginia, grandparents can ask the court for visitation with their grandchildren. If both parents deny visitation, grandparents must prove that the child would suffer actual harm without seeing them, which is a tough standard to meet. If only one parent objects, grandparents need to show that visitation is in the child's best interest. To determine whether visitation serves the child's best interest, a judge will consider:

• the child's age and physical and mental condition, including developmental needs
• the age and physical and mental condition of each parent
• the relationship between each parent and child, especially positive involvement and ability to meet the child's needs
• the child's needs, including relationships with siblings, peers, and extended family
• each parent's past and future role in raising and caring for the child
• whether each parent supports the child's relationship with the other parent, including past visitation interference
• each parent's willingness and ability to maintain a close relationship with the child and cooperate on child-related matters
• the child's preference, if the child is mature enough to express a reasonable opinion
• any history of family abuse, sexual abuse, child abuse, or violence within the last 10 years (may override other factors), and
• any other factor the court finds relevant to the child's best interests.

(Va. Code § 20-124.3 (2025).)

When Can a Grandparent Obtain Custody of a Grandchild?

A grandparent may seek custody of a grandchild when the parent is deceased or unable to care for the child. However, a grandparent loses standing to seek custody of, or visitation with, a grandchild if the grandparent's interest in the child stems from a person whose parental rights are terminated. For example, if a grandparent's child loses parental rights to because of abuse or neglect, the grandparent can't seek visitation with the grandchild.

In one Virginia case, the court denied a grandfather's request for custody of his grandchild. The child's mother had died and the grandfather intervened to obtain full custody of the child. The court rejected the grandfather's request because it wouldn't serve the child's best interests. Because the child's father was able to emotionally and physically provide for the child, he was awarded full custody.

Can a Biological Grandparent Obtain Visitation with a Child Placed for Adoption?

Adoption terminates a grandparent's ability to seek custody of, or visitation with, a grandchild. When parents' rights are voluntarily or involuntarily terminated, a grandparent's rights are likewise terminated. Some exceptions exist in cases of stepparent or close relative adoptions. However, in any situation, grandparent visitation can't interfere with the parent-child relationship. A grandparent will only receive visitation privileges if it would clearly serve the child's best interests.

If you have additional questions about grandparent visitation or custody rights in Virginia, contact a local family law attorney for advice.