A former couple finalizing their bitter divorce, may never want to see each other again. However, because they had children, life gets more complicated. Each set of grandparents share their disdain for the former spouse, but adore their grandchildren. Each parent may try to block their former in-laws from visiting the grandchildren, making all sorts of claims to justify their position. Will they be able to visit their grandchildren again? Will the grandparents need to secure legal counsel to petition the court for visitation?
Determining who has the right to spend time with a child can be complicated, says family law attorneys Alan Plevy and Kyung (Kathryn) Dickerson. The Commonwealth of Virginia does allow relatives with a “legitimate interest” in maintaining a relationship with the minor child to petition for visitation.
Do grandparents and siblings have child visitation rights?
“In some cases, a parent may prohibit contact with the child’s adult siblings or grandparents,” explains Plevy. This may be for many reasons including divorce.. For example, a parent may prohibit the child from seeing the parents of a former or deceased spouse, half sibling or step-sibling, even though those grandparents and siblings may be biologically related to the child.
However, the court recognizes grandparents and siblings of an estranged child to petition for visitation rights, if they are deemed to be a person with a “legitimate reason”. Step-parents may also have certain visitation rights and the opportunity to petition for contact.
When one or both parents block contact between the child and a grandparent or sibling, Dickerson says the petitioning party must first prove that they are a person of “legitimate interest” and then that the child would experience actual harm to his or her health or welfare without the grandparent or sibling in his or her life. The court must also find that allowing visitation would be in the best interests of the child.
When to speak to an attorney
If you have any questions regarding visitation rights or any other family law matters, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
