Guardianship Child Virginia Minor Legal Fairfax Lawyer


A person that is under the age of 18 is considered to be a minor in Virginia.


Is Virginia, there are three types of guardians. If a person is ordered by the court and is legally responsible for the well-being, personal affairs, and health of a minor until he/she reaches the age of 18, he/she is considered to be “A Guardian of the Person”. Secondly, the legal managing of a minor’s estate, real property and personal property, by a person, that person is said to be “A Guardian of the Estate”. A guardian can be appointed by a parent in his/her Last Will and Testament to be a “guardian of the person” of the parents’ minor child. This parent can also appoint a “guardian for the estate” that was left by the parent for his/her child during the time of the child’s infancy.

The Difference Between Physical Custody and Guardian for a Minor:

A difference between physical custody and guardian for a minor, in accordance with the laws of Virginia, is that physical custody is done in a Juvenile and Domestic Court, whereas the guardian of a child is done in a Circuit Court.

The ways of Appointing Guardianship of a Child in Virginia:

An adult would be appointed as the child’s guardian if the child’s care or welfare is in question and needs to be addressed. During the pendency of a custody hearing, a guardianship could be appointed temporarily. However, a long-term arrangement of guardianship shall be appointed to the child if the parents of that child are unable to take care of him/her.

To appoint guardianship in Virginia, the person must file the completed Guardianship of Minor form to the county courthouse where there are pending matters related to the child, or where the child resides. A notice to all parties must be provided by the person. Furthermore, a stamped copy with a hearing date will be provided by the clerk as soon as the person files the motions. The person will make copies of this stamped copy and mail it to all the parties that are involved in the case, via registered mail. A future date would be given to the person, indicating that the person has properly served all parties, by the court, if he/she does not send the notice to the court. Moreover, the person should appear in court and discuss all the matters at hand with all the parties. The person should talk to all parties to see if anyone has any objections for the granting of the guardianship. However, if all parties cannot come to an agreement, the court would set the matter of the hearing on your motion. On the other hand, if the parents of the child are deemed to be not fit or are absent and the person wanting the guardianship has the closest family relations, then there might be no objections towards the case. The person must present his/her case to a judge if no compromise or agreement has been made in order to obtain guardianship as per the laws of Virginia.

If you need a Virginia Legal Guardianship of Minor Child Lawyer to help you with your Legal Guardianship of Minor Child case in Virginia, call us at 888-437-7747. Our Virginia Legal Guardianship of Minor Child Attorneys can help you. C

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