Grandparents’ Visitation Rights in Virginia
Yes, grandparents have the right to seek visitation with a grandchild under Virginia law. Under Virginia Code § 20-124.2, any individual with a “legitimate interest” may petition the court for custody or visitation. This terminology explicitly includes grandparents, providing them a gateway to seek formal visitation rights through the court system.
While the statute in theory provides grandparents with the ability to petition for visitation rights, the courts often weigh parental rights heavily in the visitation calculus. This is rooted in the constitutional rights of parents to make decisions concerning the upbringing of their children.
Best Interests of the Child
When adjudicating questions of visitation, Virginia courts are guided by what will serve the “best interests of the child.” This best interests standard requires courts to consider a multitude of factors, such as the age and physical and mental condition of the child, the child’s changing developmental needs, and the child’s relationship with each parent and with other significant persons, including siblings and extended family. The importance of maintaining a child’s existing familial relationships can bolster a grandparent’s case for visitation, particularly if a grandparent has historically played a significant role in the child’s life.
Parental Objections and the Burden of Proof
Despite the ability to seek visitation, grandparents may face legal hurdles when parents object to visitation. Virginia law recognizes that parents have fundamental rights, including determining who may or may not associate with their children. Courts have imposed a burden on grandparents to prove that denying visitation would be detrimental to the child’s welfare. A grandparent must present compelling evidence that maintaining the grandparent-grandchild relationship is essential to the child’s well-being.
Conclusion
Grandparents are allowed to seek visitation under Virginia law. To do so, they must overcome parental objections and demonstrate that such visitation aligns with the child’s welfare. As divorce and custody lawyers in Roanoke and Salem, Virginia, our attorneys are able to meet with you if you are seeking visitation as a grandparent to protect your rights under the law.