Going to Court: Some considerations

Burden of Proof
Grandparents seeking visitation or custody must prove that the parents are unfit or that the grandparents' custody serves the best interest of the child. Often, proof refers to physical or sexual abuse allegations, which are difficult to confirm. Courts tend to favor parents' rights to custody and care of their children.
Hearing a Case
Custody cases may be heard in the grandparent's home state if it is the home state of the grandchild, OR if the grandchild has resided in the grandparent's home state within the last six months prior to the beginning of the custody petition.
Custody cases may also be heard in the grandparent's home state if (a) one of the parents lives in that state or (b) if the grandchild is physically present in the state and has been abandoned or is in danger of abuse.
Adoption
Adoption is permanent and results in the loss of legal ties to biological parents and relatives (i.e., grandparents, cousins, aunts, and uncles). (Virginia § 63.2-1230) The biological parents or legal guardian may choose the adoptive parents as stated by the juvenile and domestic relations district court. The home state of the birth parent or guardian has court authority for custody matters. (Virginia § 20-146.11)
Custody
Custody is not permanent. It continues the legal ties of biological parents and relatives, although the person with custody holds parental rights.
Financial Strain/Court Costs
Caregiving includes emotional and monetary responsibilities. Grandparents also must consider the emotional and financial costs of pursuing a case. The financial strain may be greater for grandparents with fixed incomes or at risk of poverty. Court costs and lawyers' fees will vary with the complexity of the case.

Source: Grandparents Rearing Grandchildren Rights and Responsibilities, Virginia Cooperative Extension, Virginia Tech, Tammy L. Henderson, Ph.D., Assistant professor and Michelle L. Stevenson, Ph.D., Assistant professor and Extension gerontology specialist, Department of Human Development; Virginia Tech. Based on a previous publication by Pamela B. Teaster, Ph.D., and Tammy L. Henderson, Ph.D.