Grandparents And Visitation
Va. Code 20-124.2 — a person with a legitimate interest, on clear and convincing evidence
In Virginia, the court gives due regard to the primacy of the parent and child relationship, but may award custody or visitation to any other person with a legitimate interest on a showing by clear and convincing evidence that the child's best interest would be served.
A deceased or incapacitated parent's consent. Where a grandparent petitions for visitation and a parent of the grandchild has died or is incapacitated, the grandparent related to that parent may introduce evidence of that parent's consent to visitation. If the consent is proven by a preponderance of the evidence, the court may then decide whether visitation is in the grandchild's best interest.
Who counts as a person with a legitimate interest is defined in another section and is not reproduced here. Whether a petition can succeed is a question for the court and for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 20-124.2 — Court-ordered custody and visitation arrangements
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.