Average Rates for Family Law Attorney in Virginia
Legal guardianship is a very mutual family police topic in Virginia. When an individual is appointed as a legal guardian, they are recognized as having the legal authority and responsibleness to act in some other person's all-time interests, on that person'due south behalf.
While you may seek to become the legal guardian of an adult child or relative who is incapacitated or otherwise unable to make legal decisions for themselves, this post focuses on the process of seeking guardianship of a minor child. Hither's what yous need to know about legal guardianship in the Commonwealth of Virginia.
What are the rights and responsibilities of a legal guardian?
As a legal guardian of a minor child, you lot are legally responsible for that child'due south safety and well-being and must manage his or her personal diplomacy. This typically involves assuming concrete custody of the child from their natural parents, and making important decisions regarding their didactics, care, wellness, field of study, finances, and more. In other words, a prospective legal guardian must exist able to provide a suitable and safe permanent residence for the child in question, and be able to provide for his or her basic needs.
Legal guardianship is non the same every bit adopting a child. Bold the child'due south natural parents are still alive and consenting to the guardianship arrangements (i.eastward. not having custody revoked as an unfit parent), their parental rights are generally not terminated. They ofttimes still take the correct to participate in the decisions made by a legal guardian on behalf of the child, fifty-fifty if they are not physically present. This existence the case, the child's natural parents may still be involved in his or her fiscal affairs, including management of the child'southward estate.
If there are financial difficulties for the parents and/or the legal guardian in providing for the child, the Court may or may non approve a request for relief. For example, the Virginia Kinship Guardian Program (KinGap) offers eligible families financial aid to guardians to facilitate the intendance and maintenance of a child in their extended family.
Mutual reasons to appoint a legal guardian for a minor child
In nearly cases of legal guardianship, a pocket-sized child'south natural parents select the guardian(southward) to ensure continued care and rubber of that child when they are unable to do so themselves. A few mutual reasons where a legal guardian may have to step in include:
- The death of 1 or both natural parents (this is typically addressed in the parents' will)
- Long-term illness of ane or both natural parents
- Incarceration of ane or both natural parents
- Addiction recovery/rehabilitation of one or both natural parents
- Other extenuating circumstances wherein the natural parents' habitation is unsafe or unfit for the pocket-size child (e.g. civil or political unrest in their home country)
If parents accept not appointed a legal guardian for their pocket-size child in these circumstances, information technology's possible that the kid could get into the foster arrangement. Legal guardianship, particularly by a relative of the child, is mostly preferred to foster parents: Research shows that children who live with relatives are more likely to bask their living state of affairs and feel loved/cared for, and are less likely to have behavioral issues than children who are placed into the foster care system by the state with non-relatives.
How to petition for guardianship of a minor child
If yous are petitioning to be appointed every bit the legal guardian of a minor kid in Virginia, here are the steps you will need to accept with your local Excursion Court for an uncontested case*:
- Complete, sign, and notarize a Petition for Appointment of Guardian(s) of a Minor. This form establishes your intent and reason(s) to assume guardianship of the minor child and confirms that you are a suitable caregiver. If natural parents are living, they should besides sign and notarize this course. Minor children over the historic period of 14 may sign the Petition for their own guardianship appointment as well.
- Obtain completed Exhibits from the kid'south natural parents, including a re-create of the child's nascence certificate and a letter of consent from the natural parents supporting your Petition (or certified copies of the parents' death certificates if deceased).
- Complete, sign, and notarize a Consent Order for Appointment of Guardian(due south) of a Minor. Be sure to leave space for a judge to sign and date the society. Living natural parents and minors over the age of xiv should likewise sign and notarize this grade.
- Complete a Encompass Sheet for Filing Civil Actions (Form CC-1416). Also known every bit the Virginia Ceremonious Cover Sail, this form is required to file any civil instance in a Excursion Court in the Commonwealth of Virginia.
- File all of the above forms in person with the Ceremonious Court where the minor child currently decides, along with the Court filing fee. If the child is non yet a Virginia resident, yous may demand to commencement file a Petition in a courtroom where the child resides, requesting permission to relocate them to Virginia.
*Uncontested guardianship cases hateful that any living natural parents back up the appointment of a legal guardian for their child. If the natural parents do non give their consent, there may be additional Courtroom hearings and steps in the procedure. Delight consult with a family unit police attorney to understand the steps in a contested guardianship instance.
What if the child is not a U.S. citizen?
Assuming legal guardianship of a minor kid whose parents who are living away is not an uncommon scenario here in Virginia. The Court documents and process are roughly the aforementioned. However, in your petition and in the natural parents' letter of the alphabet of consent, you volition demand to specifically address the circumstances in the parents' land of residence that return it unsafe or unfit for the minor child to live there. Y'all may also need to submit boosted Exhibits as required by the Court.
Inquire an experienced family law attorney
While it is possible to correspond yourself in court when seeking appointment every bit a child'due south legal guardian, working with a family law attorney can ensure that you don't miss any of import steps in the legal process. Our law do has been helping Northern Virginia families with guardianship cases since 2001, and we are dedicated to working toward the best possible result for the child, the parents, and the guardian.
Are you lot seeking guardianship of an incapacitated adult child or relative? We can help with that, likewise. Contact the Police force Function of Patricia E. Tichenor for more information.
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Source: https://www.novaestatelawyers.com/legal-guardian-minor-child-court-process/
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