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Virginia · 2025 Regular Session
HB2705Child custody orders; transfer of custody to person with legitimate interest.
Direction
Custody & supportcustody parenting timeAI label
↓Restricts rights of the paying or noncustodial parentmodel confidence 80%
Makes it easier for courts to transfer temporary or legal custody to a non-parent with a legitimate interest in child welfare cases by adding specific criteria and procedures for such transfers, notice and hearing rights for those custodians, and requirements for ongoing services and reviews, which,
Prior to the entry of an order pursuant to subsection F transferring temporary custody of the child to a person with a legitimate interest, the court shall consider whether such person is one who (i) is willing and qualified to receive and care for the child; (ii) is willing to have a positive, continuous relationship with the child; and (iii) is willing and has the ability to protect the child from abuse and neglect.
Why the model tagged it this way: The bill amends multiple sections of Virginia's child welfare statutes (16.1-252, 16.1-277.01, 16.1-277.02, 16.1-278.2, 16.1-278.3, 16.1-283) to add detailed procedures, findings, and safeguards specifically for transferring temporary or legal custody to a 'person with a legitimate interest' (a non-parent) in abuse/neglect, entrustment, and termination cases. This expands non-parent custody options over parental rights in state-initiated child welfare proceedings. Per the guidelines, this is out of scope for custody-support because it addresses state child-protective agency removals, foster/kw
Related bills
HB839Child custody proceedings; study, provisions to improve procedure for victims of family abuse, etc.↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Committee
HB1382Members of U.S. Armed Forces, etc.; domicile & residential requirements for annulment, etc.=No change to rights of the paying or noncustodial parent=No change to rights of the paying or noncustodial parent Law
HB1406Foreign divorce decrees; exercise of power by courts of the Commonwealth, non-domiciled party.=No change to rights of the paying or noncustodial parent=No change to rights of the paying or noncustodial parent Law
HB1517Mandatory sequestration of record; partial sealing, good cause shown exception.=No change to rights of the paying or noncustodial parent=No change to rights of the paying or noncustodial parent Died (session ended)
Hearings and calendar
2025-01-27 00:00 · Hearing · House Courts of Justice - Civil Committee Hearing House North Subcommittee Room - 200
Votes
Date
Chamber
Motion
Yea-Nay
2025-01-27
H
Subcommittee recommends striking from the docket (8-Y 0-N)