In the state of Virginia, determining Virginia grandparents visitation rights is further complicated by the fact that there is no state statute dedicated to those rights.
Instead Virginia addresses custody and visitation in the same set of statutes. The statutes refer to parents and to “persons of legitimate interest,” including but not limited to grandparents, stepparents, former stepparents, blood relatives and family members. A grandparent who is the parent of a parent whose parental rights have been terminated is not considered a person of legitimate interest. Adoption terminates grandparents rights unless the adopting party is a stepparent.
Tools available to the court include mediation, independent mental health or psychological evaluation and on-camera interviews with the child, although such tools are probably more likely to be used in cases involving parental custody and visitation than they are in cases involving grandparents.
The court is also instructed to “give due regard to the primacy of the parent-child relationship.” “Clear and convincing evidence that the best interest of the child would be served” is required for custody or visitation to be awarded to “any other person with a legitimate interest.” The factors to be considered in determining best interest are listed in the statutes, but some do not apply to grandparent visitation.
As always, if you are a grandparent with grandparents rights questions or problems in Virginia you need to be informed, and the quicker the better. Please see my comprehensive grandparents right book No Greater Loss and check out my grandparents rights website Caring Grandparents for much more information on Virginia grandparent rights and such rights in general.
