Grandparents' Rights

Grandparents Rights Attorney in Virginia Beach

Litigation-Trained Representation for Virginia Beach Grandparents

Virginia law doesn’t give grandparents automatic rights to see or raise their grandchildren. Pursuing custody or visitation requires meeting specific legal standards, and courts begin from the premise that parents’ decisions carry significant legal weight. That threshold is real, and a grandparent who enters this process without understanding it often discovers that good intentions aren’t enough. B. Clay Chick PLC represents Virginia Beach grandparents in custody and visitation matters throughout Hampton Roads, and we approach each case the way litigation demands: by identifying what the evidence actually needs to show before filing.

Clay Chick has practiced family law since 2009. His background in litigation means he builds a case around the evidentiary standards Virginia courts apply, not around how sympathetic the situation is.

If you’re a grandparent in Virginia Beach trying to understand your legal options, call us at (757) 697-5331 to schedule a free consultation, available in person or virtually.

What Virginia Law Actually Says About Grandparents’ Rights

Virginia Code § 20-124.1 defines “person with a legitimate interest” to explicitly include grandparents, which gives grandparents standing to petition for custody or visitation under § 20-124.2. Standing, though, is only the starting point. Courts give due regard to the primacy of the parent-child relationship, which means grandparents don’t enter the Virginia Beach Juvenile and Domestic Relations District Court on equal footing with parents.

The evidentiary burden falls on the grandparent, and the standard shifts depending on how many parents oppose the petition. If both parents object to visitation, the grandparent must first establish by clear and convincing evidence that denial would cause actual harm to the child’s health or welfare, then separately demonstrate that visitation serves the child’s best interests. If only one parent objects, the actual harm threshold doesn’t apply, but the clear and convincing burden on best interests remains. Custody cases carry an additional layer: grandparents must rebut the legal presumption that parental custody serves the child’s best interests before the court reaches best interests analysis at all. The expanded section below covers each track in detail.

Why Virginia Beach Grandparents Work with B. Clay Chick PLC

Clay has practiced family law in Virginia Beach and Hampton Roads courts since 2009. He knows the local courts where these cases are decided and how they apply the standards grandparents must meet. He earned the Martindale-Hubbell 2026 Silver Client Champion award, reflecting client-reviewed commitment to service. Clients work directly with Clay from the first consultation through final resolution.

What that means in practice:

Litigation-trained case building
Grandparents’ rights cases often require expert testimony and documented evidence. Clay anticipates what courts look for and structures the case around it from the start.
Clarity on the threshold before you file
We assess your specific situation honestly, including whether the facts support the legal standard you’d need to meet, so you go in with a clear picture of the path ahead.
Direct attorney contact
You work with Clay throughout the case. No handoffs, no intermediaries.
Solutions others may overlook
Not every grandparents’ rights dispute requires contested litigation. Clay identifies agreement-based paths where they exist and builds toward practical resolution regardless of how the case starts.

Schedule a Free Consultation

Grandparents’ rights cases in Virginia Beach are fact-intensive and legally demanding. The earlier you understand the applicable standard and what your situation requires, the better positioned you are to move forward.

Call B. Clay Chick PLC at (757) 697-5331 or reach us through our online contact form to schedule your consultation. Free initial consultations are available in person or virtually.

Virginia Grandparent Visitation: The Two-Track Standard

Whether one parent or both parents oppose a grandparent’s visitation petition determines which legal track applies. The distinction matters because the required proof differs significantly between them.

When Both Parents Object

When both parents oppose the petition, the grandparent must first establish by clear and convincing evidence that the child would suffer actual harm to their health or welfare without contact. This is a demanding standard. Showing that contact would be beneficial isn’t enough. Courts frequently require expert testimony from a mental health professional to meet it. Only after actual harm is established does the court reach the separate question of whether visitation is in the child’s best interests, which must also be proven by clear and convincing evidence.

When Only One Parent Objects

When only one parent opposes visitation, the actual harm requirement doesn’t apply. The grandparent must still prove by clear and convincing evidence that visitation serves the child’s best interests, but the case moves directly to that analysis. Best interests factors under Virginia Code § 20-124.3 include the child’s age, physical and mental condition, the child’s relationships with each parent and grandparent, the child’s needs, and the reasonable preference of a child old enough to form a considered view. Under either track, the evidentiary burden rests entirely on the grandparent.

Grandparent Custody: Overcoming the Parental Presumption

Custody cases carry a heavier threshold than visitation. Virginia courts begin with the presumption that a child’s best interests are served by parental custody. A grandparent must rebut that presumption by clear and convincing evidence before the court can weigh best interests at all.

The recognized grounds to overcome the presumption include:

Grounds to rebut the parental presumption:

Parental unfitness
Abandonment of the child
Voluntary relinquishment of the child
A prior order of divestiture
Other special facts and circumstances constituting an extraordinary reason

Once the presumption is rebutted, neither the grandparent nor the parent holds an advantage, and custody is determined by a preponderance of the evidence on best interests. One additional point worth understanding: termination of a parent’s parental rights generally eliminates a grandparent’s standing to seek custody or visitation through that parent’s line. Which grounds apply depends entirely on the specific circumstances of each case.

Agreement-Based Arrangements Still Require a Court Order

Not every grandparents’ rights matter involves conflict. Sometimes parents and grandparents agree on custody or visitation terms and simply want to formalize the arrangement. A private agreement between family members carries no legal weight on its own. Schools, medical providers, counselors, and law enforcement are required to follow and enforce court orders, not informal agreements. Until a custody or visitation arrangement is entered as a court order, the institutions a child interacts with have no obligation to honor it.

Having an attorney draft the order helps ensure it’s complete, properly formatted, and recognized wherever it needs to be. A court order is the appropriate path even when everyone in the family agrees.

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Thank you Clay Chick

"He is direct and straight to the point. Provided me the tools and resources I needed to handle my case."

I would recommend Clay. I've had no issues. He is direct and straight to the point. Provided me the tools and resources I ...

Anonymous
He Is Responsive

"I am very grateful for all that he did! I definitely recommend him if you need a lawyer!"

I had Mr. Clay Chick as my lawyer for child custody/ visitation and child support case. He helped me win the case. He is ...

Former Client
Very Knowledgeable

"Clay got our child custody issue immediately settled and had a great strategy to work with the opposing counsel to come to a fair agreement/order in a very tense and high stress time for us and treated me with a lot of respect during this hard time."

Clay got our child custody issue immediately settled and had a great strategy to work with the opposing counsel to come to a ...

Audrey
Great, On Time and Efficient

"I appreciate him and his assistant. If you need a lawyer who will work with you and not against you, it's him."

Mr. Chick took my case for child custody and worked out a payment plan with me. He has been amazing. He is great, on time and ...

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