Legal Question in Family Law in Virginia

Question about guardianship and custody

I have physical custody of a 14 year old child and I need to give guardianship to an unrelated individual but the non-custodial parent doesn't agree but will not take the child herself. How can I give guardianship to the unrelated individual without the non-custodial parents consent?


Asked on 11/05/06, 6:38 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Question about guardianship and custody

Guardianship confers no custody rights. You would maintain custody until a judge gave it to someone else which is exactly how the third party gains custody. That person must file a petition with the court which granted you custody to change custody. The natural parent must be served and no matter how hard they protest when they appear, if they are unwilling to assume custody the choice is the third party or the division of Social Services and the Court is likely to grant custody to this third (hopefully) interested and qualified party.

good luck.

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Answered on 11/07/06, 10:15 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Question about guardianship and custody

You can't, if the noncustodial parent who is also considered the child's natural guardian will not agree to it.

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Answered on 11/05/06, 10:55 pm


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