I have sole custody of my granddaughter. The biological father took us to court for a DNA test. He has not ever been a part of her life.

Virginia Code § 20-124.3. sets forth the statutory schedule governing custody and visitation determinations.  The legislative mandate provides the guidance and direction necessary to assist judges in making best interest decisions.  Although the father may have legal standing to file a custody petition, the mere filing of a petition does not guarantee that he will receive either custody or visitation. The best interest of the child is of paramount consideration to the court, when making a decision. Judges will apply the law to the individual facts of each case in order to render an outcome promotes the well-being of the child. There are facts provided in your summary that are beneficial to your position.  The fact that the charges were dismissed against the fact is a relevant factor that may weigh in favor of the father.  The Judge will make a decision based on the evidence presented in the case. Therefore, it is strongly recommended that you meet with an experienced family lawyer in your area who knows how to successfully litigate this type of case.  There is no way to answer your question in this forum. Lawyers.com offers general information and not legal advice.  No lawyer can provide proper legal advice without a detailed summary of all the relevant facts in your case, together with a review of all documents and pleadings filed with the court.  In order to protect the interest of your grandchild, please confer with a family lawyer to discuss this matter in greater detail.