In Virginia, parents have the fundamental responsibility in the care of and upbringing of their child. Therefore, a parent is entitled to say whether or not a grandparent may visit with a grandchild. A state will not get involved with a parent's right to raise a child unless there is a compelling interest.

A compelling interest involves an immediate threat to the safety of a child. In Virginia, a grandparent will have to prove that harm will occur to a child if the grandparent is not allowed visitation. In short, a grandparent will need to prove physical or mental harm to a child's health and welfare prior to a court consideration of visitation or custody.In other words, where parents are married, a grandparent can be denied the right to any type of contact or visitation with their grandchild/grandchildren at the discretion of the parents, because the courts have found that parents have the right to dictate the care and upbringing of their child. Even in cases where custody/visitation are in issue, such as a divorce, without showing a strong reason for grandparent visitation, the court can deny a grandparent any type of rights.

Thus, if the parents are married, as it sounds like they are, unfortunately, they have the right to deny you visitation.I realize this is unfair, and not what you wanted to hear, but I can only tell you what the law says in answering your question, and the law isn't always favorable to our wants.

While site rules prohibit me from referring you to specific lawyers or firms, if you wish to discuss the matter with a Virginia lawyer further, I am happy to provide you with resources to help you locate an attorney.