Rights of Grandparents and Other “Persons with a Legitimate Interest”
Although a child’s parents generally have the strongest rights, others may seek child custody or visitation. These other people are termed “persons with a legitimate interest.” They may include grandparents, step-parents and others involved with the child. They must properly petition the court to be heard. It is also possible for a parent to petition the court for a non-parent to share custody with him or her. It will depend on the best interest of the child. For example, in a recent case, a Virginia court modified the terms of a custody arrangement to give the father and his parents shared custody of his minor child. The original court order gave custody to the father and mother but, since that time, the mother had largely ended all her involvement in the child’s life. Conversely, the father and his parents took care of the child and had strong relationships with her.