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Legal Information: U.S. Virgin Islands

Statutes: Virgin Islands, U.S.

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Updated: 
December 2, 2019

605. Factors to be considered by the court in granting visitation rights

The court may grant a grandparent reasonable rights of visitation or access to a minor child upon finding that the rights of visitation or access are in the best interest of the child and would not significantly interfere with any parent-child relationship or with the parent’s rightful authority over the child. In applying this standard, the court shall consider the following factors:

(a) Whether such visitation would be in the best interest of the child;

(b) Whether such visitation would interfere with any parent-child relationship or with a parent’s authority over the child;

(c) The nature of the relationship between the grandparent and the minor child, including but not limited to, the frequency of contact, and whether the child has lived with the grandparent and length of time of such residence, and the motivation of the grandparent and capacity to give the child love, affection and guidance;

(d) Whether there is reasonable cause to believe that the child’s physical or emotional health would be endangered by such visitation or lack of it;

(e) The nature of the relationship between the grandparent and the parent of the minor child, including friction between the grandparent and the parent, and the effect such friction would have on the child;

(f) The age of the child;

(g) The circumstances that resulted in the absence of a nuclear family, whether by divorce, death, relinquishment or termination of parental rights, or other cause;

(h) The recommendation regarding visitation made by any guardian ad litem appointed for the child or by a child welfare agency;

(i) Any preference or wishes expressed by the child, if the child is of sufficient age and maturity to express a meaningful preference; and

(j) Any such other factors as the court may find appropriate or relevant to the petition for visitation.