Afsana Chowdhury | March 25, 2026 | Child Custody
For many families in Fairfax, Virginia, grandparents play a big role in their grandchildren’s day-to-day lives. However, when things change at home, such as during a divorce, grandparents can find themselves fighting just to stay in the picture. In some cases, they may even need to step in and seek custody of the child.
Virginia law allows grandparents to pursue custody and visitation, but the bar is high. Knowing how the process works before you take action can help you prepare for what’s ahead.
Can Grandparents Get Child Custody in Virginia?
They can, but only in certain situations. Virginia law starts from the position that biological parents have a fundamental right to raise their children. That right carries a lot of weight, which means a grandparent seeking custody must make a compelling case to overcome the presumption.
To be awarded custody over a parent’s objection, a grandparent generally needs to show one of the following:
- The parent is unfit to care for the child.
- The parent has abandoned the child.
- Living with the parent would go against the child’s best interests due to unique circumstances.
- The parent gave up custody to the grandparent for a significant period of time
The court’s main focus in every custody case is what’s best for the child. Things like the child’s age, emotional needs, the stability of each home, and how close the child is with the grandparent all factor into these decisions. If both parents are considered fit, getting custody as a grandparent becomes very difficult.
What About Visitation Rights?
Virginia also allows grandparents to seek visitation with their grandchildren. This usually comes up when a grandparent already has a close relationship with the child but is being cut off by one or both of the child’s parents.
When seeking a visitation order, the grandparent must show that spending time together would benefit the child. The court will look at how strong the existing relationship is, why visitation is being blocked, and how it would affect the child. The parents’ wishes still carry a lot of weight here, and the court won’t go against them without a solid reason.
These cases often arise in divorce cases when the custodial parent limits contact with the other side of the family. They also arise when a parent passes away, and the surviving parent restricts the grandparent’s access.
How Does the Process Work?
Grandparent custody and visitation cases are handled by the Fairfax County Juvenile and Domestic Relations District Court. The process starts with filing a petition. From there, the court may appoint a guardian ad litem, an attorney who represents the child’s interests throughout the case.
The court may also suggest mediation before proceeding with a hearing. Some families can reach an agreement on custody and visitation terms through mediation without going to trial. If that doesn’t work, both sides will have the chance to present evidence and testimony in court.
Having an experienced family law attorney by your side can make a real difference in these circumstances, as the success of your petition could come down to how well you present your case to the judge.
Contact a Fairfax Child Custody Attorney at Chowdhury Divorce Law Group for Legal Guidance
The legal process for grandparent custody and visitation in Virginia can be complicated to navigate, and the stakes are about as personal as they get. An attorney can walk you through what to expect and help you put your best foot forward from there.
For more information, please contact an experienced child custody lawyer at Chowdhury Divorce Law Group to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve in Fairfax County and its surrounding areas:
Chowdhury Divorce Law Group
10805 Main St STE 700A
Fairfax, VA 22030
(703) 271-6519
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About The Author
Afsana Chowdhury is the founder of Chowdhury Divorce Law Group, where she is dedicated to protecting the rights of injury victims across Virginia. A George Mason University School of Law graduate, Afsana is licensed to practice in Virginia and has devoted her legal career to personal injury law. She focuses on helping clients, guiding them through divorce, custody disputes, and other complex family matters. With years of experience and a deep commitment to protecting her clients’ rights, she personally handles each case to ensure strong, focused representation.
Location: Fairfax, VA
