Can grandparents get visitation rights?

Many grandparents enjoy seeing their grandchildren, and some develop strong bonds with them. Those bonds can be tested when, for one reason or another, a child’s parents do not consent to letting a grandparent visit. This sometimes becomes an issue after a divorce, or after one parent dies.

If the child’s legal guardian does not want the grandparents seeing their grandchild, is there anything the grandparents can do? Can grandparents petition the court for visitation with their grandchildren?

Virginia law

Throughout the country, it is generally assumed that parents have the right to make custody decisions, including, if they desire to do so, preventing their children from seeing the grandparents. However, most states have developed a system to allow grandparents to legally petition for visitation under certain circumstances.

Virginia law generally recognizes parents’ rights to decide who gets to spend time with their child. However, there are some situations in which grandparents may petition the court for custody rights. These include:

• If the parents agree a grandparent should have full custody
• If the parents are deemed unfit
• If both parents are dead
• If both parents are alive and opposed to visitation, a grandparent can petition the court for visitation only if they provide evidence showing that the lack of visitation would harm the child
• If one parent is dead and the other is opposed to visitation, a grandparent can petition the court for visitation only if they provide evidence that a lack of visitation would harm the child
• If both parents are alive and just one parent is opposed to visitation, a grandparent can petition the court for visitation only if they provide evidence that it would be in the best interests of the child

Best interests of the child

When deciding whether visitation is in the best interests of the child, the court will look at factors such as the relationships between the grandparent and the child, and between the grandparent and the parent. They will also look at how visitation will affect the parties involved: Might it interfere with the parent’s parenting time? Might it interfere with the parent’s ability to make decisions about their child’s upbringing?

Grandparents who want to show that visitation is in the best interests of the child may present evidence of time they spent with their grandchildren, including letters, photographs, gifts and more.

It is more difficult to gather evidence that a lack of visitation will harm the child. This may require medical records, opinions from psychologists or other experts, and more. It’s wise for grandparents to seek out professional assistance when they are seeking visitation and custody.