Virginia Child Custody: What Rights Do I Have As A Grandparent?

Grandparents play a unique role in providing children with love, guidance, and support. Sadly, family problems or other disputes involving the parents can jeopardize this special relationship.

Child custody is typically one of the most sensitive and potentially contentious matters the Virginia Family Court deals with. It can be particularly heartbreaking for grandparents, who may face being shut out of their grandchildren’s lives in the aftermath. If facing this type of frustrating and difficult situation, reach out to our Virginia divorce attorney for help.

Find out more about grandparent’s rights in Virginia and the steps you can take to protect yourself.

Grandparents’ Rights Regarding Virginia Child Custody and Visitation

Disputes regarding child custody or visitation rights often arise either during Virginia divorce proceedings or when a couple is unmarried. Unfortunately, these legal battles can impact the grandparents involved, jeopardizing their relationship with their grandchildren.

Under the Virginia Code, protecting the best interests of children is the primary concern in Virginia child custody proceedings. While grandparents often have profoundly positive impacts on their lives, the court generally leaves it up to the parents to determine to what extent the grandparents are involved.

Grandparents are typically not included in child custody and visitation proceedings as they have no specific legal rights in the Virginia Family Court when it comes to their grandchild’s care. However, there are extenuating circumstances in which a grandparent may petition for custody or visitation:

• If one or both parents are deceased;
• If one or both parents have abandoned the child;
• If child abuse and negligent are suspected;
• If the parents have lost custody;
• If the grandparent served as the primary caregiver or had custody rights in the past.

Protecting Grandparent’s Rights In Virginia An Uphill Battle

Grandparents generally rely on their adult children’s support in maintaining a relationship with their grandchild. Being respectful of boundaries, not giving unsolicited advice, and adhering to the parent’s wishes regarding how they raise their children can help in continuing to be included in your grandchild’s life. When that fails, and you need to fight to protect your rights, expect it to be an uphill battle.

As there are no specific laws protecting grandparents’ rights in Virginia, you will need to persuade the court to include you in child custody or visitation arrangements. Evidence that can help includes:

• Statements from neighbors, friends, teachers, or others attesting to the close, positive relationship you have with your grandchild;
• Testimony from your grandchild affirming the relationship, provided they are old enough;
• Records and receipts showing time and money spent on the grandchild;
• Police reports or other records show that one or both parents are either abusing, neglecting, or abandoning the child.

Contact Our Office To Discuss Your Options With Our Virginia Grandparent’s Rights Attorney

Grandparents play a vital role in the lives of their grandchildren. When this relationship is threatened by problems between the parents, Schwartz Kalina, PLLC. can step in to help. Call or contact us online today. Schedule a consultation with our Virginia grandparent’s rights attorney to discuss your options.

Sources:

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

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