Family relationships are central to a child’s growth and stability, and grandparents often play a vital role in their grandchildren’s lives. When family conflict arises, however, grandparents may find themselves cut off from the children they love. In Virginia, the law does provide opportunities for grandparents to seek custody or visitation, but the standards are different from those that apply to parents. Understanding how these cases work is the first step toward protecting your relationship with your grandchildren.
At The Law Office of Laura L. McQuesten, we have helped families across Virginia Beach, Norfolk, Chesapeake, and surrounding areas resolve custody and visitation disputes. We understand the emotional weight of these cases, and we are committed to protecting the best interests of children while preserving important family bonds.
Custody Rights for Grandparents
In Virginia, parents have a fundamental right to raise their children. Because of this, courts will generally presume that parents are the best decision-makers for their children. For a grandparent to seek custody, they must show compelling circumstances. This often includes situations where the parents are unfit, unwilling, or unable to care for the child.
Examples may include parental substance abuse, neglect, incarceration, or serious mental health struggles. In these cases, grandparents may petition the court to take on the role of primary caregivers. The court will then weigh whether granting custody to a grandparent serves the child’s best interests and provides the stability the child needs.
Visitation Rights for Grandparents
Seeking visitation is a different matter. A grandparent does not need to prove parental unfitness to pursue visitation, but the law still places a high priority on the rights of parents. Courts in Virginia will only grant visitation to a grandparent if it is shown to be in the child’s best interest. If both parents oppose visitation, the grandparent must demonstrate actual harm to the child if visitation is denied.
This is a difficult standard, but it reflects the balance between parental rights and the potential benefits of maintaining close relationships with extended family. Our role as your attorneys is to help present evidence that highlights the positive impact you have in your grandchild’s life.
Factors Courts Consider
When deciding whether to award custody or visitation to grandparents, courts examine a number of factors, including:
- The existing relationship between the grandparent and the child.
- The child’s emotional and physical needs.
- The willingness of the grandparent to cooperate with parents in raising the child.
- The overall stability and safety that the grandparent can provide.
Each case is unique, and outcomes depend on the strength of the evidence presented. That is why careful preparation and strong advocacy are so important in these matters.
The Importance of Legal Representation
Custody and visitation disputes involving grandparents can be complex and emotionally charged. Parents may feel defensive, and courts require clear legal arguments supported by evidence. At The Law Office of Laura L. McQuesten, we prepare every case with trial readiness in mind, ensuring we can advocate effectively whether through negotiation, mediation, or litigation.
Our experience in family law allows us to anticipate the challenges grandparents face and to guide clients through each stage of the process with compassion and precision.
Why Families Choose The Law Office of Laura L. McQuesten
We know how deeply grandparents care about their grandchildren, and we understand how devastating it can be to be excluded from their lives. Families throughout Southeastern Virginia trust us because we provide attentive service, straightforward advice, and dedicated courtroom advocacy. Our approach is both compassionate and strategic, ensuring that every client has the strongest possible case.
Taking the Next Step
If you are a grandparent in Virginia who is concerned about custody or visitation, do not wait to get legal advice. Acting quickly can make the difference in preserving your relationship and ensuring that your grandchild has the support and stability they need.
Contact The Law Office of Laura L. McQuesten today to schedule a consultation. We will review your situation, explain your options, and fight for your rights as a grandparent.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.