In Virginia, grandparents are not considered to be specific class of people for getting custody of the children. However, they are often considered a person with the interest in children and it is possible that they can get custody or visitation. The first thing the court looks at is the parents. Are they fit parents? If both parents are fit parents and agreed for the grandparents should not have custody or visitation, then the grandparents has a high hurdle to meet in order to get custody or visitation of the children. The grandparents has to prove that it would be actually harm to the children if they were not granted custody or visitation. Usually in a divorce, one parent wants the grandparents to have custody and visitation but the other parent is oppose to it. The court has to find by clear and convincing evidence that it is in the
children's best interest.
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