Virginia Family Law: Changes to Grandparent Visitation
Find out more about how grandparent rights work in Virginia, and how new laws are affecting custody and visitation for grandparents.
In Virginia, the Court system has historically not been kind to the rights of grandparents. Biological parents would traditionally have a veto power as to the ability of a grandparent to ask for custody. If a grandparent wanted visitation over the objection of the parents, they would have to meet a strong burden known as “actual harm.” However, that lawa has recently changed. So what are the changes to grandparent visitation rights, and what do you need to know if you are a grandparent in Virginia?
The Old Law
In order to understand what the current rules are for grandparent grandparent rights, you need to understand what the old rules were. These rules fall into two categories: custody and visitation
Grandparent rights: custody
Custody means two things: making decisions for the upbringing of a child and being the primary residence for the child. Under the old rules, a grandparent would not be able to ask for custody if both biological parents objected without proving that both parents were “unfit” or a number of special circumstances. Unfit means that the parents are not able to exercise their job as custodians.
Common examples of being “unfit” include excessive substance abuse, mental health disorders, and abuse or neglect. A grandparent may also be successful by showing that the parents previously gave up their custody voluntarily to a third person or to a different grandparent.
There are some more complicated rules if only one of the parents object, but there is still a high burden for grandparents to get custody.
Grandparent rights: visitation
Under Virginia law, Visitation means being able to spend time with your grandchildren. Under old Virginia rules, a grandparent could only get visitation over the objection of the parents by showing “actual harm.” This means that the child would be harmed, whether psychologically or physically, if they were unable to see their grandparents. This was also a high burden for grandparents, and few were successful in meeting that standard.
Virginia Grandparents Rights: The New Law
Starting in 2021, grandparents now have an additional ability to ask for visitation under limited circumstances. If one of the biological parents pass away, and that parent wanted the grandparent to have visitation, then the grandparent can ask the Court for visitation. The idea behind the law is that whole families were being cut off whenever one of the biological parents would pass away. As a result, it is now easier in some scenarios to ask the Court for visitation, but not custody.
Why You Need a Custody Lawyer
As a result of all these changes, it is more important than ever to talk to a lawyer if you are interested in asking for visitation or custody rights for a grandchild. An experienced lawyer can help you navigate these complicated laws and present your case to the Court.