Grandparents have the same custody rights in Virginia as other third parties. There’s no special right granted to grandparents just because they are the biological or adopted grandparents of a child.
That being said, they can be awarded custody in certain circumstances. However, it is more challenging for a grandparent to meet the burden of proof, especially if one of the child’s parents objects. It’s a more complex situation than a typical custody and visitation case, involving different burdens of proof, which means different requirements for evidence.
Before initiating such a case, it’s important to consult with an experienced family law attorney to understand how your case would unfold and whether it’s appropriate to pursue custody.
