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A Caregiving Role
A grandparent who helped raise the child or provided regular care has a bond a court takes seriously.
Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Child Visitation / Grandparent Visitation
Grandparent Visitation · Virginia
A grandparent's bond is worth fighting for.
Virginia lets grandparents ask for visitation, but the door is narrow, and a fit parent's wishes carry real weight. We tell you honestly where your case stands, and when the law is on your side, we pursue it with care.
First call is a conversation, not a commitment.
The Short Answer
Grandparents can seek visitation in Virginia, but only in limited circumstances. They count as persons with a legitimate interest who may petition, yet the bar is high. When both fit parents object, a grandparent generally must show that denying visitation would harm the child, not simply that visits would be nice.
How It Works
A real right, through a narrow door.
The bond between a grandparent and a grandchild can be one of the most important in a child's life. Virginia law recognizes that, and it gives grandparents a way to ask a court for visitation. But the law also protects something else fiercely: the right of fit parents to make decisions about their own children. Grandparent visitation lives in the tension between those two things, and that is why the door, while real, is narrow.
Where grandparents stand
Virginia treats grandparents as persons with a legitimate interest in a child, which gives them standing to petition for visitation. Standing is the beginning, not the end. Having the right to ask is not the same as being likely to win, and the difference between the two is where most of the work happens.
The high bar when parents object
Here is the part that surprises many grandparents. When both parents are fit and they both object to the visitation, a grandparent generally has to show that the child would be harmed by not having the visits. Not that the time would be enjoyable, or even good for the child, but that its absence would cause actual harm. Courts give strong deference to fit parents, and that deference is what raises the bar so high.
When the case is stronger
The picture changes with the facts. A grandparent who has been a steady caregiver, who helped raise the child, or who stepped in during a crisis stands on much firmer ground. So does a grandparent in a case where a parent has died or is absent, or where one parent actually supports the visitation. A long, close, caregiving relationship is far more persuasive to a court than a general desire to stay in touch.
How we handle it
We start with candor. We look honestly at whether the facts can clear the bar Virginia sets, because filing a weak petition can do more harm than good for the family relationships involved. When the case is there, we build it carefully around the child, the bond, and the real consequences of cutting it off. When it is not, we tell you that too, and we look for other ways forward.
StandingGrandparents are persons with a legitimate interest who may petition.
When parents objectGenerally must show denying visitation would harm the child.
Stronger casesA caregiving bond, a deceased or absent parent, or one parent's support.
The lensBest interests of the child, with strong deference to fit parents.
SourceVa. Code §§ 20-124.1 and 20-124.2; best interests, § 20-124.3.
Standing Is Not The Same As Winning
Having the right to petition is only the first step. When fit parents object, the law asks a grandparent to show real harm to the child from losing the relationship. Knowing whether your facts meet that test, before you file, matters enormously.
Source: Va. Code §§ 20-124.1, 20-124.2, 20-124.3
Alisa Chunephisal, Esq.Founding Partner
Attorney Insight
A few honest things about grandparent cases.
"Virginia trusts fit parents to decide who is in their child's life. To overcome that, a grandparent has to show the loss would truly hurt the child."
These are some of the most emotional cases we handle, and I treat them with care, because filing the wrong case can deepen a family rift that might otherwise heal. The law sets a high bar for a reason, and I will not pretend it is lower than it is. But I have also seen grandparents who genuinely helped raise a child, and watching that bond get severed is heartbreaking and, sometimes, legally actionable. My approach is simple. I look hard at the facts, I tell you honestly whether you can meet the standard, and if you can, I build the case around what really matters, the child and the relationship, not the grievance.
Questions Families Ask
Plain answers about grandparent visitation.
These are the questions grandparents ask most when they are worried about losing contact. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
Can grandparents get visitation in Virginia?
Yes, but only in limited circumstances. Virginia treats grandparents as persons with a legitimate interest who can petition for visitation, but the bar is high, especially when the parents object.
The court still decides everything under the best interests of the child.
What do grandparents have to prove?
When both fit parents object to grandparent visitation, the grandparent generally has to show that denying visitation would actually harm the child, not just that the visits would be pleasant. That is a demanding standard, and it reflects the strong deference Virginia gives to a fit parent's decisions.
When are grandparents most likely to succeed?
Grandparents tend to have the strongest case when they have played a real caregiving role in the child's life, when a parent has died or is absent, or when at least one parent supports the visitation. A long, close, caregiving bond is far more persuasive than a general wish to see the grandchild.
Does the parents' objection end the case?
Not automatically, but it raises the standard significantly. Virginia gives strong weight to the decisions of fit parents, so when they object, a grandparent must clear the higher harm-to-the-child bar before the court will consider what is in the child's best interests.
When You Are Ready
Worried about losing your grandchild?
Tell us about your relationship with your grandchild and what has changed, and we will give you an honest read on where you stand and whether the law can help. Three offices across Northern Virginia, one phone number.