A minor is someone who is aged below the age of 18 years old. A minor is also called a child in law. Guardianship of a minor is when someone is legally responsible for protecting a minor.
Temporary guardianship of a minor is when someone is responsible for protecting a minor for a period of time set by a court of law.
An example of temporary guardianship is when a guardian of a child is busy or will not be present for a specific time and so legalizes someone to be the temporary guardian of the child until the original guardian is free or the period of time for which he/ she will not be present is over. Another example would be when the original guardian is injured and becomes incapable of performing his/ her job as a guardian and so allows someone to be legalized as a temporary guardian until he/ she heals from his/ her injury and becomes capable of performing his/ her job as a guardian.
In the state of Virginia, the temporary guardian will allow the child to live with him/ her until the temporary period is over. Within this period, the temporary guardian will be allowed to take important decisions on behalf of the original guardian such as medical decisions, school decisions, etc.
Virginia law also states that temporary guardianship can be done when two parents of a minor are careless of the child or when two parents are divorcing and are fighting for the custody of the minor. In both cases, the court will assign a temporary guardian until the situation of the two parents is settled.
For a person to be assigned as a temporary guardian, the person must fill an application stating the connection he/ she has with the minor and if his/ her criminal record is empty or not. After doing so, he/ she must show that both parents do not have a problem with him/ her being a temporary guardian of their child. If the minor is aged between 13 years old and 18 years old, he/ she can choose if she/ he wants to stay with the temporary guardian or not. The person that wants to become the temporary guardian must also prove that he/ she can provide diligent care for the minor. In the case of divorce between two parents, if the temporary guardian is the closest family member to the minor, the court will not refuse the case and will accept the closest member as the legalized temporary guardian until the divorce is finalized between both parents of the minor and the decision of which parent will take the custody of the child is done either by both parents’ agreement or by the court of law.
In the state of Virginia, the law provides the court three types of temporary guardianship of a minor for which it can legalize for a person. These three types are:
- Full Virginia guardianship – all decisions and responsibilities lay on the person filing for temporary guardianship of a minor;
- Limited Virginia guardianship – the temporary guardian is allowed to take certain decisions for which the minor cannot take. These include decisions such as health care decisions; and
- Standby Virginia guardianship – this is the case when parents assign someone to be the guardian of the minor if they die before the child no longer becomes a minor.
If you need a Virginia Temporary Guardianship of Minor Lawyer to help you with your Temporary Guardianship of Minor case in Virginia, call us at 888-437-7747. Our Virginia Temporary Guardianship of Minor Attorneys can help you.