Legal Question in Family Law in Virginia
Can a minor 17 years of age choose to have custody of herself transferred to another adult who is capable of providing for her if her parents are trying to relinquish custody of her by sending her to another country to live with a relative/ or her parents are mentally unfit to care for?
1 Answer from Attorneys
While the facts would need to be proved, the 17-year old minor could file a petition (she might need to find an adult willing to file the petition on her behalf as "next friend") to have her custody determined, and present evidence why she should be placed in the custody of the other adult in lieu of remaining with her parents or going to another country. The final decision would be made by the juvenile court judge. She could also request to have a guardian ad litem appointed to represent her interests in the custody proceeding. I hope this helps.