Custody

In the Virgin Islands, a grandparent can file a petition for visitation in court if any of the following are true:

• the parents of the minor child are currently living separately and they plan to stay that way, or they are not sure how long they will be living separately;
• one of the parents has been absent for more than one month and the other parent doesn’t know where that parent is;
• the child is not living with either parent and has not been legally adopted; or
• the minor child’s parent died, and the petitioning grandparent is the deceased person’s parent. However, if the minor child’s living parent remarries, and the minor child gets legally adopted by a step-parent, the grandparent cannot file for visitation.¹

Note: A “grandparent” is defined under the law as:

• the biological or adoptive parent of either parent of the minor child; or
• a biological grandparent of a child adopted by a step-parent or another relative.²

¹ 16 V.I.C. § 604(a)
² 16 V.I.C. § 603