HB 1854

Abstract

Party with legitimate interest; parent whose rights have previously been terminated. Allows a parent whose rights previously have been terminated to be considered a party with a legitimate interest for the purposes of filing a custody or visitation petition, provided that the child whose custody or visitation is at issue (i) is at least 14 years of age, (ii) has had a permanency goal previously achieved by adoption, (iii) has had his adoptive parents die or each of such child's adoptive parents has permanently been relieved of custody of such child and each adoptive parent has had his parental rights terminated, and (iv) is in the custody of a local board of social services, and provided that the parent whose rights had previously been terminated has (a) complied with the terms of any written post-adoption contact and communication agreement entered into and (b) maintained a positive, continuous relationship with the child since termination. Under current law, a party with a legitimate interest does not include any person whose parental rights have been terminated by court order, either voluntarily or involuntarily.

An Act to amend and reenact §§ 16.1-241, 16.1-278.15, and 20-124.1 of the Code of Virginia, relating to person with a legitimate interest; parent whose rights have previously been terminated; custody and visitation.