{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-124.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-124.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-124.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-124.1.html"}],"law_id":60825,"edition_id":1,"section_id":60825,"structure_id":14970,"section_number":"20-124.1","catch_line":"Definitions","history":"1994, c. 769; 1997, c. 690; 1999, c. 1028; 2000, c. 830; 2003, c. 229; 2005, c. 890; 2014, c. 653; 2025, cc. 143, 547.","full_text":"As used in this chapter:\n\t\t“Joint custody” means (i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be with only one parent, (ii) joint physical custody where both parents share physical and custodial care of the child, or (iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.\n\t\t“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 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, except for purposes of this title, as otherwise provided by this definition: (ii) whose interest in the child derives from or through a person whose parental rights have been terminated, either voluntarily or involuntarily, or whose interest in the child derives from or through a person pursuant to clause (iii), 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 \u00a7 63.2-1241; or (iii) who has been convicted of a violation of subsection A of \u00a7 18.2-61, \u00a7 18.2-63, subsection B of \u00a7 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, or who has been found by clear and convincing evidence to have engaged in the conduct prohibited by subsection A of \u00a7 18.2-61, \u00a7 18.2-63, or subsection B of \u00a7 18.2-366, whether or not the person has been charged with or convicted of the alleged violation, when the child who is the subject of the petition was conceived as a result of such violation or conduct. For purposes of this title, a “person with a legitimate interest” shall also include a parent whose rights previously had been terminated, provided that the child whose custody or visitation is at issue (a) is at least 14 years of age; (b) has had a permanency goal previously achieved by adoption; (c) has had his adoptive parents die or, pursuant to \u00a7 16.1-277.02, each of such child’s adoptive parents has permanently been relieved of custody of such child and each adoptive parent has had his parental rights terminated; and (d) is in the custody of a local board of social services, and provided that the parent whose rights had previously been terminated has (1) complied with the terms of any written post-adoption contact and communication agreement entered into pursuant to Article 1.1 (\u00a7 63.2-1220.2 et seq.) of Chapter 12 of Title 63.2 and (2) maintained a positive, continuous relationship with the child since termination.\n\t\t“Sole custody” means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.","order_by":null,"text":{"0":{"id":222336,"text":"As used in this chapter:\n\t\t“Joint custody” means (i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be with only one parent, (ii) joint physical custody where both parents share physical and custodial care of the child, or (iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.\n\t\t“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 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, except for purposes of this title, as otherwise provided by this definition: (ii) whose interest in the child derives from or through a person whose parental rights have been terminated, either voluntarily or involuntarily, or whose interest in the child derives from or through a person pursuant to clause (iii), 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 \u00a7 63.2-1241; or (iii) who has been convicted of a violation of subsection A of \u00a7 18.2-61, \u00a7 18.2-63, subsection B of \u00a7 18.2-366, or an equivalent offense of another state, the United States, or any foreign jurisdiction, or who has been found by clear and convincing evidence to have engaged in the conduct prohibited by subsection A of \u00a7 18.2-61, \u00a7 18.2-63, or subsection B of \u00a7 18.2-366, whether or not the person has been charged with or convicted of the alleged violation, when the child who is the subject of the petition was conceived as a result of such violation or conduct. For purposes of this title, a “person with a legitimate interest” shall also include a parent whose rights previously had been terminated, provided that the child whose custody or visitation is at issue (a) is at least 14 years of age; (b) has had a permanency goal previously achieved by adoption; (c) has had his adoptive parents die or, pursuant to \u00a7 16.1-277.02, each of such child’s adoptive parents has permanently been relieved of custody of such child and each adoptive parent has had his parental rights terminated; and (d) is in the custody of a local board of social services, and provided that the parent whose rights had previously been terminated has (1) complied with the terms of any written post-adoption contact and communication agreement entered into pursuant to Article 1.1 (\u00a7 63.2-1220.2 et seq.) of Chapter 12 of Title 63.2 and (2) maintained a positive, continuous relationship with the child since termination.\n\t\t“Sole custody” means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14970,"edition_id":1,"name":"Custody and Visitation Arrangements for Minor Children","identifier":"6.1","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:51:10","date_modified":"2026-06-26 03:51:10","permalink":{"id":179165,"object_type":"structure","relational_id":14970,"identifier":"6.1","token":"20\/6.1","url":"\/20\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60825,"structure_id":14970,"section_number":"20-124.1","catch_line":"Definitions","url":"\/20-124.1\/","token":"20\/6.1\/20-124.1","metadata":false},{"id":57103,"structure_id":14970,"section_number":"20-124.2","catch_line":"Court-ordered custody and visitation arrangements","url":"\/20-124.2\/","token":"20\/6.1\/20-124.2","metadata":false},{"id":84426,"structure_id":14970,"section_number":"20-124.2:1","catch_line":"In camera interviews of child; record","url":"\/20-124.2_1\/","token":"20\/6.1\/20-124.2_1","metadata":false},{"id":72356,"structure_id":14970,"section_number":"20-124.3","catch_line":"Best interests of the child; visitation","url":"\/20-124.3\/","token":"20\/6.1\/20-124.3","metadata":false},{"id":59997,"structure_id":14970,"section_number":"20-124.3:1","catch_line":"Repealed","url":"\/20-124.3_1\/","token":"20\/6.1\/20-124.3_1","metadata":false},{"id":76609,"structure_id":14970,"section_number":"20-124.4","catch_line":"Mediation","url":"\/20-124.4\/","token":"20\/6.1\/20-124.4","metadata":false},{"id":59969,"structure_id":14970,"section_number":"20-124.5","catch_line":"Notification of relocation","url":"\/20-124.5\/","token":"20\/6.1\/20-124.5","metadata":false},{"id":77145,"structure_id":14970,"section_number":"20-124.6","catch_line":"Access to minor's records","url":"\/20-124.6\/","token":"20\/6.1\/20-124.6","metadata":false}],"next_section":{"id":57103,"structure_id":14970,"section_number":"20-124.2","catch_line":"Court-ordered custody and visitation arrangements","url":"\/20-124.2\/","token":"20\/6.1\/20-124.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-124.1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 769<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 690<\/a>; in 1999, chapter 1028<\/a>; in 2000, chapter 830<\/a>; in 2003, chapter 229<\/a>; in 2005, chapter 890<\/a>; in 2014, chapter 653<\/a>; in 2025, chapters 143<\/a> and 547<\/a>.<\/p>","references":[{"id":78408,"section_number":"16.1-278.15","catch_line":"Custody or visitation, child or spousal support generally","order_by":null,"url":"\/16.1-278.15\/"},{"id":79903,"section_number":"16.1-353","catch_line":"Further proceedings to determine permanent guardianship, custody","order_by":null,"url":"\/16.1-353\/"},{"id":81938,"section_number":"18.2-356.1","catch_line":"Purchasing or selling of minors; exceptions; penalties","order_by":null,"url":"\/18.2-356.1\/"},{"id":55274,"section_number":"2.2-441","catch_line":"Individuals making complaint to Children's Ombudsman","order_by":null,"url":"\/2.2-441\/"},{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"},{"id":59975,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","order_by":null,"url":"\/20-107.2\/"},{"id":59671,"section_number":"20-166","catch_line":"Power of attorney to delegate parental or legal custodial powers","order_by":null,"url":"\/20-166\/"},{"id":78582,"section_number":"20-79","catch_line":"Effect of divorce proceedings","order_by":null,"url":"\/20-79\/"},{"id":62936,"section_number":"63.2-1241","catch_line":"Adoption of child by spouse of birth or adoptive parent or other person with legitimate interest","order_by":null,"url":"\/63.2-1241\/"}],"refers_to":[{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":76651,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":65888,"section_number":"63.2-1220.2","catch_line":"Authority to enter into post-adoption contact and communication agreements","order_by":null,"url":"\/63.2-1220.2\/"},{"id":62936,"section_number":"63.2-1241","catch_line":"Adoption of child by spouse of birth or adoptive parent or other person with legitimate interest","order_by":null,"url":"\/63.2-1241\/"}],"permalink":{"id":179167,"object_type":"law","relational_id":60825,"identifier":"20-124.1","token":"20\/6.1\/20-124.1","url":"\/20-124.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-124.1\/","token":"20\/6.1\/20-124.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-124.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter:\n\t\t“Joint custody<\/span>” means (i) joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child’s primary residence may be with only one parent, (ii) joint physical custody where both parents share physical and custodial care of the child, or (iii) any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.\n\t\t“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<\/span> 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<\/span> with a legitimate interest shall not include any person (i) whose parental rights have been terminated by court order<\/span>, either voluntarily or involuntarily, except for purposes of this title, as otherwise provided by this definition: (ii) whose interest in the child derives from or through a person whose parental rights have been terminated, either voluntarily or involuntarily, or whose interest in the child derives from or through a person pursuant to clause (iii), 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<\/span> of adoption is entered pursuant to \u00a7 63.2-1241<\/a>; or (iii) who has been convicted of a violation of subsection A of \u00a7 18.2-61<\/a>, \u00a7 18.2-63<\/a>, subsection B of \u00a7 18.2-366<\/a>, or an equivalent offense<\/span> of another state, the United States, or any foreign jurisdiction<\/span>, or who has been found by clear and convincing evidence<\/span> to have engaged in the conduct prohibited by subsection A of \u00a7 18.2-61<\/a>, \u00a7 18.2-63<\/a>, or subsection B of \u00a7 18.2-366<\/a>, whether or not the person has been charged with or convicted of the alleged violation, when the child who is the subject of the petition<\/span> was conceived as a result of such violation or conduct. For purposes of this title, a “person with a legitimate interest” shall also include a parent whose rights previously had been terminated, provided that the child whose custody or visitation is at issue<\/span> (a) is at least 14 years of age; (b) has had a permanency goal previously achieved by adoption; (c) has had his adoptive parents die or, pursuant to \u00a7 16.1-277.02<\/a>, each of such child’s adoptive parents has permanently been relieved of custody of such child and each adoptive parent has had his parental rights terminated; and (d) is in the custody of a local board of social services, and provided that the parent whose rights had previously been terminated has (1) complied with the terms of any written post-adoption contact and communication agreement entered into pursuant to Article 1.1 (\u00a7 63.2-1220.2<\/a> et seq.) of Chapter 12 of Title 63.2 and (2) maintained a positive, continuous relationship with the child since termination.\n\t\t“Sole custody<\/span>” means that one person retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 20-124.1)\n\nAs used in this chapter:\n\t\t“Joint custody” means (i) joint legal custody where both parents\nretain joint responsibility for the care and control of the child and joint\nauthority to make decisions concerning the child even though the child’s\nprimary residence may be with only one parent, (ii) joint physical custody where\nboth parents share physical and custodial care of the child, or (iii) any\ncombination of joint legal and joint physical custody which the court deems to\nbe in the best interest of the child.\n\t\t“Person with a legitimate interest” shall be broadly construed and\nincludes, but is not limited to, grandparents, step-grandparents, stepparents,\nformer stepparents, blood relatives and family members provided any such party\nhas intervened in the suit or is otherwise properly before the court. The term\nshall be broadly construed to accommodate the best interest of the child. A\nparty with a legitimate interest shall not include any person (i) whose parental\nrights have been terminated by court order, either voluntarily or involuntarily,\nexcept for purposes of this title, as otherwise provided by this definition:\n(ii) whose interest in the child derives from or through a person whose parental\nrights have been terminated, either voluntarily or involuntarily, or whose\ninterest in the child derives from or through a person pursuant to clause (iii),\nincluding but not limited to grandparents, stepparents, former stepparents,\nblood relatives and family members, if the child subsequently has been legally\nadopted, except where a final order of adoption is entered pursuant to \u00a7\n63.2-1241; or (iii) who has been convicted of a violation of subsection A of \u00a7\n18.2-61, \u00a7 18.2-63, subsection B of \u00a7 18.2-366, or an equivalent offense of\nanother state, the United States, or any foreign jurisdiction, or who has been\nfound by clear and convincing evidence to have engaged in the conduct prohibited\nby subsection A of \u00a7 18.2-61, \u00a7 18.2-63, or subsection B of \u00a7 18.2-366,\nwhether or not the person has been charged with or convicted of the alleged\nviolation, when the child who is the subject of the petition was conceived as a\nresult of such violation or conduct. For purposes of this title, a “person\nwith a legitimate interest” shall also include a parent whose rights\npreviously had been terminated, provided that the child whose custody or\nvisitation is at issue (a) is at least 14 years of age; (b) has had a permanency\ngoal previously achieved by adoption; (c) has had his adoptive parents die or,\npursuant to \u00a7 16.1-277.02, each of such child’s adoptive parents has\npermanently been relieved of custody of such child and each adoptive parent has\nhad his parental rights terminated; and (d) is in the custody of a local board\nof social services, and provided that the parent whose rights had previously\nbeen terminated has (1) complied with the terms of any written post-adoption\ncontact and communication agreement entered into pursuant to Article 1.1 (\u00a7\n63.2-1220.2 et seq.) of Chapter 12 of Title 63.2 and (2) maintained a positive,\ncontinuous relationship with the child since termination.\n\t\t“Sole custody” means that one person retains responsibility for\nthe care and control of a child and has primary authority to make decisions\nconcerning the child.\n\nHISTORY: 1994, c. 769; 1997, c. 690; 1999, c. 1028; 2000, c. 830; 2003, c. 229;\n2005, c. 890; 2014, c. 653; 2025, cc. 143, 547.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}