Legal Question in Family Law in Virginia
Attaining guardianship
This question is pertaining to attaining temporary guardianship of a child until they turn 18 years of age. The child's mother is constantly abusing the child both verbally and physically and the child no longer wants to stay there in that household. Now the child has a form that gives temporary guardianship to a designated person until the child turns the age of 18 but the child's mother will not sign the form so the question is can the child's father sign the form?
1 Answer from Attorneys
Re: Attaining guardianship
Obtaining guardianship of a child until age 18 is not "temporary," would be a permanent change.
The first and most urgent step you need to take is contact Child Protective Services (CPS) and report what you know about the abusive situation. Custody of the child cannot be changed by simply having the father fill out a form, assuming that the mother will not consent. However, CPS has authority to step in and protect the child through a variety of means.
If you are seeking custody, you must retain an attorney immediately. This can be a very complex situation, which cannot be answered through a website. In any event, you MUST contact Child Protective Services NOW to stop the child from being subjected to abuse. Please contact me if you have any questions.
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