Legal Question in Family Law in Virginia

Re: Grand-parents rights

You should consult with a Virginia lawyer to discuss the application of the law to the facts of your particular situation. The following is general legal information on grandparents� rights in custody matters. In Virginia, grandparents are considered persons with a legitimate interest in the custody and visitation of their grandchildren, as evidenced by the following two code sections from Title 16.1, Courts Not of Record, and Title 20, Domestic Relations.

Virginia Code Section 16.1-278.15 provides as follows:

��B. In any case involving the custody or visitation of a child, the court may award custody upon petition to any party with a legitimate interest therein, including, but not limited to, grandparents, stepparents, former stepparents, blood relatives and family members. The term "legitimate interest" shall be broadly construed to accommodate the best interest of the child. The authority of the juvenile court to consider a petition involving the custody of a child shall not be proscribed or limited where the custody of the child has previously been awarded to a local board of social services��

Virginia Code Section 20-124.1 provides as follows:

��"Person with a legitimate interest" shall be broadly construed and includes, but is not limited to grandparents, stepparents, former stepparents, blood relatives and family members provided any such party has intervened in the suit or is otherwise properly before the court. The term shall be broadly construed to accommodate the best interest of the child. A party with a legitimate interest shall not include any person (i) whose parental rights have been terminated by court order, either voluntarily or involuntarily, (ii) whose interest in the child derives from or through a person whose parental rights have been terminated, either voluntarily or involuntarily, including but not limited to grandparents, stepparents, former stepparents, blood relatives and family members, if the child subsequently has been legally adopted, except where a final order of adoption is entered pursuant to � 63.2-1241, or (iii) who has been convicted of a violation of subsection A of � 18.2-61, � 18.2-63, subsection B of � 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, when the child who is the subject of the petition was conceived as a result of such violation��