When parents of minor children separate or divorce, discussions typically focus on custody arrangements and parental rights. However, a child’s well-being extends beyond their parents, raising an important question: Can grandparents secure visitation rights in divorce settlements in Virginia?
Understanding Grandparents’ Visitation Rights
In Virginia, grandparents do not have automatic visitation rights. Parents have the fundamental right to decide who has contact with their children, including extended family members. However, Virginia Code § 20-124.2 provides a legal pathway for grandparents to petition for visitation if it serves the child’s best interests. While courts generally prioritize parental preferences, they consider several factors before granting visitation to grandparents.
Key Factors Courts Consider
Virginia courts evaluate multiple factors to determine whether grandparent visitation aligns with the child’s best interests, including:
- The prior relationship between the grandparent and child.
- The child’s emotional and physical well-being.
- The parents’ reasons for supporting or opposing visitation.
- The child’s preferences, if mature enough to express them.
- Any potential disruption to existing custody arrangements.
- The grandparents’ motives for seeking visitation.
- These factors help the court assess whether granting visitation would benefit the child.
The Burden of Proof
Grandparents seeking visitation must prove that maintaining their relationship with the child supports the child’s well-being. This may involve demonstrating that:
- Denying visitation would negatively impact the child’s routine.
- The grandparent and child share a strong, meaningful bond.
- The grandparent has played a caregiving role in the child’s life.
Mediation and Alternative Solutions
Rather than resorting to litigation, Virginia courts encourage families to explore mediation and alternative dispute resolution. These options can help parents and grandparents reach an agreement that prioritizes the child’s best interests while avoiding the stress of a courtroom battle. While securing visitation rights as a grandparent can be challenging, understanding the legal framework and available options can help navigate the process effectively.
Divorce Settlements in Virginia
If you have questions regarding divorce settlements in Virginia, the family law attorneys at ShounBach are here to help. We handle many family law matters, estate planning, and other practice areas. Our firm has been recognized in Super Lawyers and the U.S. News list of Best Law Firms. Our office is in Fairfax, and we can assist individuals throughout Northern Virginia. Contact us today at 703-222-3333 or through our online contact form to find out what we can do for you.
