Not inherently. This can be complicated because in Virginia there isn’t a specific statute concerning grandparents’ rights.
The child custody and visitation statutes refer to parents and “persons with a legitimate interest”, which can include grandparents, step-grandparents, stepparents, former stepparents, blood relatives, and family members. The courts must consider what is in the best interest of the children and as between parents, the court will apply the ten factors in Va. Code Sec. 20-124.3 to determine visitation rights. Parents trump grandparents, however, and if both parents are against grandparent visitation, then the grandparents have to show more than best interests of the children – they have to show actual harm would come to the children absent them having visitation. If one parent is for the grandparent visitation, however, then the court uses the usual best interests’ standard.
Written By Kellam T. Parks
Kellam founded what is now Parks Zeigler, PLLC in 2012 to embrace modern technologies to best serve clients. This passion for technology led to the formation of the Cybersecurity/Data Privacy practice area making the firm a leader in helping businesses protect themselves and respond to incidents. When he’s not practicing law in this area and handling high-asset divorces, Kellam manages the firm with his co-owner, Brandon Zeigler, contributes to local and state-wide Bar associations, and frequently writes and speaks to audiences across a variety of sectors and geographic locations, including nationally on the topics of Cybersecurity/Data Privacy, digital evidence, law firm management, and technology/AI.
