2006 Code of Virginia § 20-124.1 - Definitions

20-124.1. Definitions.

As used in this chapter:

"Joint custody" means (i) joint legal custody where both parents retainjoint responsibility for the care and control of the child and jointauthority to make decisions concerning the child even though the child'sprimary residence may be with only one parent, (ii) joint physical custodywhere both parents share physical and custodial care of the child, or (iii)any combination of joint legal and joint physical custody which the courtdeems to be in the best interest of the child.

"Person with a legitimate interest" shall be broadly construed andincludes, but is not limited to grandparents, stepparents, formerstepparents, blood relatives and family members provided any such party hasintervened in the suit or is otherwise properly before the court. The termshall be broadly construed to accommodate the best interest of the child. Aparty with a legitimate interest shall not include any person (i) whoseparental rights have been terminated by court order, either voluntarily orinvoluntarily, (ii) whose interest in the child derives from or through aperson whose parental rights have been terminated, either voluntarily orinvoluntarily, including but not limited to grandparents, stepparents, formerstepparents, blood relatives and family members, if the child subsequentlyhas been legally adopted, except where a final order of adoption is enteredpursuant to 63.2-1241, or (iii) who has been convicted of a violation ofsubsection A of 18.2-61, 18.2-63, subsection B of 18.2-366, or anequivalent offense of another state, the United States, or any foreignjurisdiction, when the child who is the subject of the petition was conceivedas a result of such violation.

"Sole custody" means that one person retains responsibility for the careand control of a child and has primary authority to make decisions concerningthe child.

(1994, c. 769; 1997, c. 690; 1999, c. 1028; 2000, c. 830; 2003, c. 229; 2005,c. 890.)