Virginia Law for Grandparents

[concerned for family]

I just want to know in the state of Virginia, is there a basic amount of time a grandparent is granted to see a grandchild by a judge or is it up to the parent how much time the grandparent will get? There is only one parent involved, the other parent is deceased.

[antrc170]

The time that a grandparent MAY be granted by a judge is entirely dependent upon the judge and the circumstances of the child. VA doesn't have any rights set aside for grandparents, but they can be considered parties of interest in the childs life. If there is a substantial relationship with the child, the judge may set aside time for the grandparent visitation. How much will depend on the age of the child, your objections, the amount of time previously spent, etc.

[Karen A. Wyle]

CAVEAT: I am not a VA attorney -- and you should consult one if there is current or threatened litigation on this issue.

If the case law from the VA Supreme Court has not changed recently, and if the trial courts follow the law -- two more important caveats -- then a grandparent asking the court to overrule the decision of a fit custodial parent to limit or deny grandparent visitation must show that the parent's decision is likely to harm the child. A showing that the child is sad because of that decision is not sufficient. Given that rule, if the trial court does award visitation, it may well be limited to what the trial court deems essential to prevent harm to the child.