What is a temporary guardianship?
A temporary guardianship is when a court appoints someone to take care of a child until a permanent guardianship arrangement is in place. This form of guardianship is normally used when a child needs immediate care due to an emergency situation or when parents are unavailable or unable to care for the child. In Virginia, temporary guardianship is typically granted due to the death of the parents, abandonment, or when the parents are unable to care for the child due to illness or incarceration. Under Virginia guardianship law, the court will determine a guardian’s rights and powers, the period of guardianship, and the guardian’s duties. The guardian will generally have the authority to make decisions regarding the welfare of the child, such as their physical custody and care, education, financial decisions, health care, and extracurricular activities. In determining a temporary guardian, the court considers the child’s best interests as well as the wishes of the parents, when applicable. When a temporary guardianship is complete, the court may pass full guardianship over to the temporary guardian, return the child to their parents, or appoint another permanent guardian. Furthermore, in order to be appointed as a temporary guardian, the court may require background checks, home inspections, and other vetting processes. If the court finds the individual to be a suitable guardian, there is a strong chance that the temporary guardianship will become permanent.
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