Legal Question in Family Law in Virginia

My sister died Nov. 6th. She left a will stating I have guardianship over her 16 year old son. I also have been named executor and trustee. I had to place over $8,000 in expenses on my credit card and have no money left. I have been told I have to hire an attorney to get custody. At $200 an hour just for consultation, I can't do it. Do I have to have an attorney? Or can I petition the court on my own?


Asked on 11/16/09, 2:48 pm

1 Answer from Attorneys
Robert Beard Attorney at Law

To answer your question fully, it would help to know if the child's father is still alive.

You can file a custody petition in the juvenile court without an attorney for $25. However, under these circumstances, it might be better to request a guardianship order from the circuit court. I may or may not have a form for this, but if you email me, I'll send you one if I can find it.

Please accept my sympathy for your loss.

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Answered on 11/21/09, 2:55 pm


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