Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In Virginia, the law recognizes the primacy of parents' rights in child custody matters. Grandparents may be awarded custody of their grandchildren under certain limited circumstances, such as when both parents are deemed unfit, both have passed away, or one is deceased and the other is incarcerated. However, these situations are exceptional, and the grandparents must demonstrate that obtaining custody is in the best interest of the child. Regarding visitation, Virginia law allows grandparents to petition for visitation rights. The court will consider such petitions especially in cases where the parents are divorced, separated, or deceased. The court will evaluate the best interest of the child when deciding on grandparent visitation rights, taking into account the child's health, safety, and welfare, among other factors. It's important to note that the court's primary concern is always the well-being of the child, and any decision regarding custody or visitation will reflect that priority.