Q: Can I be granted custody/adoption if I’m a nonbiological parent?
Va. Code § 20-124.2
"B. In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody."
So, you would petition as a person with a legitimate interest, and have to prove by clear and convincing evidence that custody to you is in the child's best interests.
If you are married to a bio parent, you could also pursue an step-parent adoption, Va. Code § 63.2-1241.
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