Grandparent Visitation

On February 5, 2025, the Virginia Court of Appeals released a published opinion in Williams v. Panter, Record No. 2021-23-3, and held Virginia Code § 20-124.2(B2) is unconstitutional. Code § 20-124.2(B2) allows a grandparent to file suit and obtain visitation with a grandchild if a parent is deceased or incapacitated, if the parent who is deceased or incapacitated had consented to the child’s visitation with the grandparent, and if grandparent visitation is in the best interest of the minor grandchild. The Court of Appeals held that Code § 20-124.2(B2) permits a court to “disregard and overturn any decision by” a living, fit parent concerning visitation by grandparents, and fails to prioritize the primacy of the living parent’s fundamental liberty interests in raising their child. The Court of Appeals added that the statute’s provisions “are unconstitutional as applied to the facts of this case,” and that its holding does not foreclose future litigants from advancing arguments that could permissibly salvage the constitutionality of Code § 20-124.2(B2). This opinion may not be the last word in the case, since it is likely to be appealed to the Virginia Supreme Court.

It is important to note that this opinion is limited to situations where a parent has died or become incapacitated, it would not affect cases where both parents are alive. In situations where a grandchild had been living with the grandparents for some time, a different statute may apply. If you are dealing with a situation that involves grandparents seeking custody or visitation, you should contact an attorney at Compton & Duling, LC. The attorney can determine what statutes may apply and how to address the custody or visitation issue. 

Contact Monroe (“Mike”) Windsor with any questions.