The case is Yokshas v. Bristol City Department of Social Services (2017).

In Virginia, a “person with a legitimate interest” may pursue custody of a child, and Section 20-124.1 of the Code of Virginia requires Courts to broadly interpret this term to accommodate the best interests of the child.  The Section specifically includes and excludes persons when defining the term; however, it is silent as to whether foster parents fall within such category of persons with interest.  In an unpublished opinion authored by Judge Teresa B. Chafin, the Court of Appeals reversed the Circuit Court’s ruling excluding the foster parents, citing to the statutory mandate that the term “persons with legitimate interest” must be broadly construed.