can a grandparent in a another gain custody of a grandchild

If both parents are in agreement as to the child being in your custody, there is almost no chance that the child will be placed with someone else.  Unless either or both of the parents have lost custodial or parental rights or it can be shown that it will be harmful to the child to be in your custody, you should have no problem getting custody. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.