Many circumstances might lead a grandparent to step in and care for their grandchild. But when grandparents want to seek full custody of grandchildren, a complex legal situation may arise.
Understanding your rights and options regarding grandparent custody in Virginia can help you decide how to proceed. Consulting a family law attorney may also be helpful as you navigate this often complicated process.
Criteria That May Lead the Court To Grant Custody to Grandparents
Grandparents do not inherently have legal rights in the Virginia Family Court regarding their grandchildren’s care. This can lead to disappointment when a child’s custody arrangement changes and their grandparents no longer have an outlet to spend time with them.
If a grandparent believes it would be in the child’s best interests to be in their care, they may petition the court for custody. Generally, the following criteria may lead a judge to consider granting grandparents custody:
- Both parents are deceased or unfit to care for their children
- The parents have voluntarily relinquished parental rights to the grandparents
- The parents have shown abuse or abandonment toward the child
- The grandparent has served as a primary caregiver to the child in the past or had past custody rights
Virginia family courts often look to a child’s relatives for familial placement after their parents die or lose custody. Outside of this scenario, to seek grandparent custody in Virginia, you would need to file a petition in the juvenile and domestic court in the county where the child lives and state your case.
What Visitation Rights Do Grandparents Have in Virginia?
You may not want or need full custody of your grandchildren, but you wonder whether grandparents have any visitation rights in Virginia. Grandparents do not have any automatic visitation rights in the state.
However, if visitation would be in the best interests of the child, the court may grant a petition for visitation. A judge would consider several factors before granting grandparents’ visitation rights, including:
- The grandparents’ level of involvement in the child’s life
- The child’s current relationship with their parents
- Any history of abuse in the family
- The child’s overall well-being and whether grandparent visitation would support this
Grandparents might face difficulties seeking visitation rights if the parents oppose their involvement with the child. Sometimes, the court will only grant this request if there is evidence that the child would be harmed without visitation from their grandparents. It may not be enough to show that you would miss your grandchildren if you did not have visitation with them.
Evidence That May Help Support a Grandparent’s Custody Case
A court petition for custody should include evidence of why the child should be placed in your care. Such evidence may support both the need to move the child out of their parents’ care and your fitness to care for them.
- Statements from friends, neighbors, teachers, or others involved in the child’s life testifying to your positive relationship with them
- Statements from your grandchild, if they are old enough to provide them, sharing their desire to be in your care
- Receipts or other records showing the time and money you have spent on the child
- Police reports showing neglect, abuse, or abandonment of the child by their parents
Seek Legal Guidance From Holcomb Law, P.C.
You may believe that having custody of your grandchild would be in their best interest, but navigating Virginia’s child custody laws can be overwhelming. An experienced family law attorney can help you understand your rights and options and provide support through the custody process.
Holcomb Law, P.C., provides legal guidance through custody and visitation challenges. Contact us today at 757-LAWYERS for a legal consultation.
