                                 CODE OF VIRGINIA

DEFINITIONS (§ 20-124.1)

As used in this chapter:
		&#8220;Joint custody&#8221; 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&#8217;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.
		&#8220;Person with a legitimate interest&#8221; 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 §
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, or who has been
found by clear and convincing evidence to have engaged in the conduct prohibited
by subsection A of § 18.2-61, § 18.2-63, or subsection B of § 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 &#8220;person
with a legitimate interest&#8221; 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 § 16.1-277.02, each of such child&#8217;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 (§
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.
		&#8220;Sole custody&#8221; means that one person retains responsibility for
the care and control of a child and has primary authority to make decisions
concerning the child.

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.