Understanding Custody and Visitation Rights in Virginia
In recent years, Virginia law has taken a more inclusive approach to determining who can seek custody and visitation rights for a minor child. The law states that mothers, fathers, legal guardians, and “persons with a legitimate interest” can ask a court to make decisions regarding the custody or visitation of a minor child.
Who Has a Legitimate Interest?
The question then arises: Who qualifies as a person with a legitimate interest?
Natural Parents and Guardians
Naturally, the biological parents, legally recognized guardians, and in most cases, adoptive parents have vested rights to seek custody or visitation.
Grandparents and Step-Grandparents
Virginia law also recognizes that grandparents may have a legitimate interest in seeking custody or visitation of their grandchildren. With a change in the law last year, step-grandparents are now also allowed to request custody or visitation of a minor child.
Expanded Definition of Legitimate Interest
Under the updated law, persons with a legitimate interest now include:
- Grandparents
- Step-grandparents
- Stepparents
- Former stepparents
- Blood relatives
- Other family members
Beyond these categories, virtually anyone who can demonstrate a legitimate interest may be granted custody or visitation, as long as the court determines that it is in the child’s best interest. This has always been the guiding principle for making custody and visitation decisions.
Exceptions to Custody and Visitation Rights
It is important to note that if a natural parent (or both parents) already has legal custody and there are no indications of abuse or maltreatment, the court will only award custody or visitation to another person in rare and extreme circumstances. The law still assumes that children belong with their natural parents whenever possible, provided it is in the child’s best interests.
Seeking Legal Help
If you are involved in a custody or visitation case, it is crucial to consult with a qualified family law attorney early in the process. Whether you are seeking to obtain custody or visitation or to block it, an experienced attorney can guide you through the legal complexities. The custody lawyers at DiPietro Law Group have years of experience handling custody and visitation cases in Northern Virginia and Washington, DC. Contact us today at (888) 530-4374 to schedule a consultation.