Grandparent/Third Party
Understanding Grandparent & Third Party Custody
In some cases, grandparents or other third parties may need to step in to provide care and stability for a child. Whether due to parental unfitness, absence, or other circumstances, Virginia law allows third-party custody when it is in the child’s best interests.
Virginia doesn’t specifically address statutory “grandparent rights.” Virginia does allow for “persons with legitimate interests” to file petitions for custody (decision-making power) and visitation (actual time with a child). An interested party includes (but is not limited to) grandparents, aunts, uncles, cousins, siblings, step-parents, or any other blood relative.
Because Virginia recognizes the primacy of the parent-child relationship, any non-parent has a higher standard of proof to show that custody or visitation is in the child’s best interests. In most cases, an interested party will have to show that there is some compelling reason like abandonment, neglect, or actual harm that will come to the child unless they are granted custody or visitation. The laws regarding third party custody and visitation is quite nuanced and needs the guidance of an experienced attorney.
At SMITH | ASHCRAFT, we understand the sensitive nature of these cases and are here to help you navigate the legal process. Our attorneys will advocate for your right to protect and care for the child while prioritizing their well-being and stability.
Contact us today to learn how we can assist with your grandparent or third-party custody case.
Everything You Need to Understand to
Better Navigate Child Custody and Support
At SMITH | ASHCRAFT we are here to get you through this chapter of your life.
Your future starts NOW!
Custody and Visitation
Whether you are seeking sole custody, joint custody, or need help modifying an existing arrangement, we will advocate for a solution that supports your family’s unique needs.
Child Support
Child support is essential for providing the stability and resources your children need to thrive. Whether you are seeking to establish, enforce, or modify child support arrangements, our experienced attorneys are here to guide you through the process with care and expertise.
Learn more about how child support is calculated and enforced.
Adoption
Adoption in Virginia is a legal process that involves several steps to ensure that the adoption is finalized and that the best interests of the child are met.
Learn more about the different types of adoption and how adoption can benefit for your family.
Child Name Change
There are situations in which a parent desires to change the name of their child.
Understand the process of a child's name change and how we can help.
Helpful Articles
What Our Clients Have To Say
Learn More About Child Custody and Support in Virginia
There's no where in Virginia that we don’t know
At SMITH | ASHCRAFT, we are proud to offer comprehensive legal services throughout Virginia. Whether you’re in Richmond, Northern Virginia, the far reaches of Roanoke, or any other part of the state, our experienced team is here to provide experienced representation tailored to your unique needs. No matter where you are in Virginia, we’re committed to delivering the same high level of service and dedication to each client, ensuring your case receives the attention it deserves.

Contact Us