Child custody or visitation; person with a legitimate interest. (HB1283)

Introduced By

Del. Ben Cline (R-Amherst)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Child custody and visitation; person with a legitimate interest.  Provides that a person with a legitimate interest who may petition for custody or visitation of a child that is not his or her own must be a grandparent, stepparent, former stepparent, blood relative, or family member of the child. Read the Bill »


Bill Has Failed


01/20/2012Presented and ordered printed 12104184D
01/20/2012Referred to Committee for Courts of Justice
01/24/2012Assigned Courts sub: #2 Civil
01/30/2012Subcommittee recommends continuing to 2013
02/10/2012Continued to 2013 in Courts of Justice
11/29/2012Left in Courts of Justice


sherrie morgan writes:

Please email me why this Bill Failed.

marshamaines writes:

This failed because "the state" agents would NOT be considered as "Persons with legitimate interest" in People's Children... ONLY RELATIVES of children would be.

sherrie morgan writes:

I wish there was some way to protect parents from "person with legitimate interest" condition when the parent is perfectly fit to care for her child. I truly believe there is a problem when someone who is not related is able to buy their way through the court system to acquire shared custody of a child. Maybe you could word new legislation that will allow special cases of "the state" agents regarding custody to be the exception, but when it just happens to be someone who has no biological or adoptive rights to the child they should not have any leverage over fit biological parents.
Thank you for your time and response.

Kelly Decker writes:

The State of Virginia is the ONLY state that is operating unconstitutionally. Every other state in the United States has aligned their statutes to the 2000 Supreme Court case of Troxel vs. Granville.

If a person has not entered into a "contract" by the way of adoption or marriage or some other type of legal contract they should NOT be allowed to petition the court for visitation and/or custody of a FIT parent's child - period!

Only people who has adoptive rights, rights through marriage and or biology should be able to infringe and intrude on the privacy of the constitutional fundamental rights of fit parents.

The government (i.e., courts) are in the business to protect rights, inforce contracts, and abide by law....the Supreme Law of the land. A statute that is unconstitutional and not in alignment to the Supreme Law of the Land is null and void and NO LAW at all.

Family courts should ONLY be able to intrude on the privacy of a family if the parent is unfit, have breech a contract (i.e., adoption or marriage).

The Virginia family courts are violating fit parents rights with how the THIRD PARTY visitation and Custody statute is currently written. This ambiguous statute is not protecting children rights especially when their fit parent's rights are being violated.

I know by personal experience. My family suffered tremedous emotional, physical and financial devastation with my case.