Grandparents and Third-Party Custody/Visitation in Virginia

Norfolk VA Divorce Lawyers – Family Law Attorneys

On the surface it would seem as though a divorce is something that affects two individuals, but in fact, it has significantly wider impact. If the couple has children, they are certainly going to feel the impact of the divorce, and most people do consider this very carefully before they decide to split up. But there are others who have an emotional stake in the situation who are impacted by a divorce, most notably the grandparents of the couple’s children. In the state of Virginia, grandparents have the right to petition the court for visitation rights, and in fact, Virginia allows for court ordered visitation for grandparents even if there is no divorce involved and the family in question is intact. Other third parties who are considered to have a “legitimate interest” in the child or children can also seek visitation rights in Virginia.

Custody of dependent children is usually agreed upon by the parties involved during divorce proceedings, but when no agreement can be reached it is up to the courts to decide. There is a premise in place known as the “parental right doctrine” stating the belief that parents who are capable of caring for their children are always going to be preferred custodians. So if the grandparents or some other third party are seeking custody of the children, they would have to prove that neither of the parents are willing and able caregivers. Common scenarios under which a judge may grant custody to a grandparent or other third party would be when the custodial parent passes away and the remaining parent is not deemed fit, or when the child or children have already been living with the third party for an extended duration.

The bottom line here is that in Virginia, grandparents and other third parties who have a legitimate interest in the child or children can seek visitation rights. The same is true of custody, but the preference is always going to lie with the parents of the children if they are willing and able to assume primary custodianship. The rights of all concerned are protected by law, but in the end the court will decide matters of third party custody and visitation based on the best interests of the children involved.

If you would like to learn more about grandparents and third-party custody/visitation, contact a Norfolk VA attorney who has specializes in matters of family law.