Virginia Custody: Modification of Non-Parent Custody and Visitation

A non-parent seeking an initial award of custody to a child has to meet certain difficult standards to override the presumption that the child’s best interest will be served when in the custody of his or her parents, as stated in Bailes v. Sours, 231 Va. 96 (1986) and as reflected in Va. Code § 20-124.2(B).  If this presumption is overcome, the court must simply consider the best interests of the child in determining custody.  Id.   Continue reading