Typically, the natural parents of a child, if unmarried and are not residing together, shall be granted sole or joint custody by the court of Virginia. In the cases that both the parents pass away, naturally or as a result of an accident or otherwise the parents desert and/or neglect their child, the court assigns a legal guardian to take care of the child.
A Virginia court will assign an adult to be the legal guardian of a child if the biological parents of the child are unable or reluctant to be the caretakers of the child and hence the health and safety of the child may be in questioning. The guardianship can be either momentary, for instance during the waiting for a custody order, or it can be a long-lasting agreement.
Only Circuit judges may permit guardianship in Virginia. The guardian will be responsible for the welfare and safety of the child.
Even though a parent can be the legal guardian of a child, the parent is not authorized to manage the inherited property belonging to the minor child. In situations where the natural parents are alive, a court hearing may be held to authorize the caretaker as the guardian of the property of a minor. If both the child’s natural parents are deceased, the court will consider the legal caretaker to be the guardian of the property of a minor, given that the legal caretaker is capable of so.
For a person to gain custody and become the legal guardian of a child, a Guardianship of minor form is filled with information concerning the person applying for custody. The Information that is to be entered include, the relationship between the filing party and the child, along with personal information including a criminal record. The Guardian of minor form is then filed with the court of Virginia, specifically where the child resides. A motion requesting guardianship and a hearing must also be filed with the court.
Once the motions are filed, the filing party will receive a stamped copy from the clerk including a hearing date. The court of the state of Virginia require that a copy of the stamped copies must be sent to both the parents of the child and made aware of the hearing as well as the guardianship request. The court will not grant a hearing for the case unless the related parties concerning the case are informed.
The matters are argued in court and an agreement will be decided upon, if the natural parents are unable to arise on a mutual agreement, the court will grant the filing party the custody of the child and will be the legal guardian of the child from then on. The ties with the minor, the range of the existing relationship, and the capability to provide safety and the well-being to the minor child is argued in the court, furthermore, the child can specify his or her desire and requests to the court if he or she is old enough to do so.
If you need a Virginia Legal Guardianship Of Minor Lawyer to help you with your Legal Guardianship Of Minor case in Virginia, call us at 888-437-7747. Our Virginia Legal Guardianship Of Minor Attorneys can help you. B