Grandparents' Rights Lawyer in Winchester

Protecting Your Relationship With Your Grandchild

When contact with a grandchild is suddenly limited or cut off, it can feel like the ground has shifted under your feet. You may be worried about your grandchild’s well-being, unsure what you are allowed to do, and afraid that taking action could make family tensions worse. In this moment, it is natural to feel anxious and overwhelmed.

At Buchbauer & McGuire, P.C., we work with grandparents who find themselves in exactly this situation and who want clear, practical guidance about their options under Virginia law. Our family law team helps grandparents understand when courts may consider visitation or custody requests and what steps make sense in their specific circumstances.

We bring more than 75 years of combined family law experience to these matters, and our practice is built around custody, visitation, and related family issues in Virginia. Our goal is to become part of your team, listen carefully to your concerns, and help you move forward with a thoughtful plan instead of uncertainty.

To discuss your situation with our Winchester grandparents' rights lawyers, call (540) 508-8995.

Why Grandparents Turn To Our Firm

Grandparent cases are rarely simple. They often involve divorce, substance abuse, mental health concerns, the loss of a parent, or deep conflict between generations. You may feel pulled between wanting to protect your grandchild and not wanting to damage your relationship with your own child or in-laws. In these situations, you need a calm, experienced guide who will take the time to understand your family.

At Buchbauer & McGuire, P.C., family law is the core of what we do. Our attorneys have handled a wide range of custody and visitation disputes in courts that serve Winchester and nearby communities. Over decades of practice in Virginia, we have seen how judges approach the best interests of the child and how they evaluate a grandparent’s role in a child’s life. We draw on that experience to explain what the law requires and how it may apply to you.

Our team includes attorneys with strong professional recognition in family law. Peter Buchbauer is a Fellow of the American Academy of Matrimonial Lawyers and a Fellow of the International Academy of Family Lawyers. He has been listed in Virginia Super Lawyers for many years and has been included in Best Lawyers. James McGuire has also been recognized by Best Lawyers, and Devon Humphreys has been named a Rising Star. These independent honors reflect our long-standing commitment to complex family law matters, including custody and visitation disputes that can affect grandparents.

Grandparent Rights Under Virginia Law

Many grandparents who contact us have heard conflicting information about whether they have any rights at all. Virginia law does recognize a role for grandparents, but it also gives significant weight to the rights of parents to make decisions about their children. Understanding this balance is an important first step in deciding how to proceed.

Virginia courts generally look at what is in the best interests of the child. That standard includes many factors, such as the child’s age and needs, the existing relationship between the child and each adult, the mental and physical health of the parties, and any history of abuse or neglect. When grandparents seek visitation or custody, judges consider how the grandparent’s involvement affects the child’s stability and well-being.

At the same time, courts are careful about interfering with a fit parent’s decisions. If both parents are living, fit, and united in their wishes, a grandparent’s path can be more difficult. If one parent has died or is not involved, or if there are significant concerns about a parent’s conduct, the analysis may look different. These are fact specific questions, and the outcome in one case does not determine what will happen in another.

When Grandparents Seek Visitation Or Custody

Common situations where grandparents may consider legal action include:

• Longstanding, close involvement with the grandchild followed by a sudden cutoff of contact
• Serious concerns about a parent’s substance abuse, violence, or neglect
• Providing day to day care because a parent is absent, incarcerated, or deceased
• Disputes with a surviving parent or step-parent after the loss of your child

Steps To Take If You Are Worried

When you are worried about your grandchild, it can be hard to know what to do first. Taking a few careful steps now can help protect both your relationship with the child and any future legal options you may decide to pursue. These steps do not require you to decide immediately whether to go to court.

Helpful steps for concerned grandparents include:

• Document your involvement with your grandchild, including dates of visits, caregiving, and important events you have shared
• Keep records of texts, emails, or social media messages that relate to your contact with the child or to any safety concerns
• Avoid hostile confrontations with the parents and be cautious about posting emotional comments online that could later appear in court
• Make notes of specific incidents that concern you, including dates, locations, and who was present
• Consult a family law attorney before signing any agreements or accepting changes that might limit your role in the child’s life

If you are feeling unsure about your next step, you do not have to sort through it alone. We are here to listen and to provide guidance grounded in many years of family law practice in Winchester.

Frequently Asked Questions

Do grandparents have any rights in Virginia?

Virginia law allows grandparents to request visitation or, in some cases, custody, but it does not guarantee it. Courts balance parental rights with the child’s best interests. The strength of your relationship with the child and the family’s circumstances both matter, so it is important to assess your specific situation.

Is it hard for grandparents to get visitation?

It can be challenging, particularly if both parents are involved and agree on limiting contact. Courts are careful about overriding fit parents. In other situations, such as when a parent is absent or there are serious safety concerns, judges may be more open to grandparent visitation, depending on the facts.

Will taking legal action ruin our family relationships?

Legal action can increase tension, but the impact varies by family. We talk with you about potential consequences and explore options like negotiation or mediation when appropriate. Our goal is to help you protect your grandchild’s well-being while being thoughtful about long-term relationships whenever possible.

Talk With Our Family Law Team

If you are worried about losing your relationship with a grandchild or concerned about a child’s safety, having clear information can make a difficult situation more manageable. Speaking with our grandparents' rights attorney Winchester residents trust can help you understand what Virginia law allows and what may be realistic in your case.

At Buchbauer & McGuire, P.C., we draw on decades of focused family law experience in Virginia to guide grandparents through some of the hardest decisions they face. We will listen to your concerns, explain your options in plain language, and work with you to develop a plan that reflects both your goals and your grandchild’s needs.

To discuss your situation with our Winchester grandparents' rights attorneys, call (540) 508-8995.