Grandparents’ Rights in Virginia: Court of Appeals Limits Visitation in Williams v. Panter

On February 4, 2025, the Virginia Court of Appeals issued its opinion in Williams v. Panter, a case that directly addressed grandparents’ rights in Virginia and the constitutional protections surrounding parents’ rights. The court affirmed the Washington County Circuit Court’s decision to dismiss petitions filed by grandparents who sought visitation with their three minor grandchildren. The grandparents relied on Virginia Code § 20‑124.2(B2), a statute added in 2021, which they argued allowed them to use their deceased son’s consent to visitation as a basis for their claim. The trial court disagreed, finding the statute unconstitutional as applied, and the appellate court upheld that ruling.

The Court of Appeals emphasized that Virginia visitation laws must be interpreted in light of constitutional protections for parents’ rights. In Williams v. Williams, 256 Va. 19 (1998), and Troxel v. Granville, 530 U.S. 57 (2000), courts made clear that before visitation can be ordered over a parent’s objection, there must be proof that denying visitation would cause actual harm to the child. In Williams v. Panter, the surviving mother, Maggie Panter, opposed visitation, and the grandparents offered no evidence of harm. That alone was enough to defeat their petitions.

The appellate court also explained why the statute itself could not override constitutional precedent. Code § 20‑124.2(B2) was designed to let grandparents of a deceased or incapacitated parent introduce evidence of that parent’s consent to visitation. But in practice, the law elevated the deceased father’s past wishes above the living mother’s present authority. Applying strict scrutiny, the court found the statute was not narrowly tailored to serve a compelling state interest. In short, the law could not stand when it conflicted with a fit parent’s fundamental rights.

This case highlights the ongoing tension between grandparents’ rights and parents’ rights in Virginia family law. Grandparents may feel they have a strong claim to visitation, especially when a deceased parent once supported it, but courts remain bound by constitutional precedent that prioritizes the decisions of a fit, living parent. Parents’ rights are considered fundamental liberty interests, and unless there is evidence that denying visitation would cause harm to the child, courts will not override those decisions. For families, Williams v. Panter underscores that parental authority is the starting point in visitation disputes. For grandparents, it shows that petitions must be supported by more than statutory language or past consent. They must demonstrate actual harm to the child. And for practitioners, the case illustrates how new laws passed by the legislature that expand grandparents’ rights will always be measured against constitutional protections for parents’ rights, ensuring that family law in Virginia continues to balance statutory changes with constitutional limits.