#20 124.3 code of va code
Court Ordered Custody and Visitation Arrangementsīasically, this code section does three things: “ determining custody, the court shall give primary consideration to the best interests of the child … The court shall give due regard to the primacy of the parent-child relationship, but may, upon a showing by clear and convincing evidence that the best interest of the child would be served, thereby award custody or visitation to any other person with a legitimate interest.” Virginia Code § 20-124.2(B). Who can the court award custody or visitation to?īasically, judges can award custody or visitation to anyone with a “legitimate interest” in the child’s well-being. Definitions for Custody and Visitation Arrangements for Minor Childrenīy specifically noting that both grandparents and step-grandparents can have a legitimate interest in the child’s life (provided they make their intentions known to the court), this code section allows these family members to petition for custody or visitation (as seen in the next section). The term shall be broadly construed to accommodate the best interest of the child.” Virginia Code § 20-124.1.
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“‘Person with a legitimate interest’ shall be broadly construed and includes, but is not limited to, grandparents, step-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 Virginia Code is actually quite clear on this point: How does the court define a “person with a legitimate interest”? Let’s unpack each of these sections a little bit. Virginia Code § 20-124.3, which defines the 10 factors the judge will consider when determining the best interests of the child.Virginia Code § 20-124.2, which states that a person with a “legitimate interest” in the child may be awarded visitation or custody after a consideration of the best interests of the child.Virginia Code § 20-124.1, which defines the legal term “person with a legitimate interest.”.Instead, many cases involving grandparent’s rights will cite three related laws in the Virginia Code’s child custody and visitation section:
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Grandparent’s Rights and Virginia LawĪs noted above, the Virginia Code does not include a specific “grandparent’s rights” statute. We’ll also discuss a few ways to potentially solve a dispute involving grandparent’s rights. In this article, we’ll quickly cover several factors that can affect a grandparent’s rights to visit their grandchild. Instead, Virginia courts rely on interpretations of already existing laws and previous court decisions to decide such issues on a case-by-case basis. Virginia, for example, has no set laws regarding a grandparent’s rights. Grandparent’s rights are a controversial area of law, and each state awards different rights to grandparents when it comes to the custody or visitation of their grandchildren. The term “grandparent’s rights” generally refers to a grandparent’s legal right (or lack thereof) to visit or have custody over their grandchild.