It is possible depending on the situation.  A grandparent, stepparent or other such “person with a legitimate interest” (as defined  in the Code of Virginia) may assert a custody or visitation right with respect to a child in court.  Although difficult, the rights of the surviving parent to care for and choose who a child visits can be overcome by the deceased parent’s spouse with a heightened showing of the best interests of the child.  In a recent case, a child’s stepmother was awarded full custody of her late husband’s child based on the stepmother’s relationship with the child and the mother’s abandonment and unfitness to care for the child.  Our experienced attorneys can help both parents and non-parents navigate through Loudoun County child custody disputes.