What is the process for transferring guardianship?

In Virginia, the process for transferring guardianship begins with the filing of a petition in the circuit court of the county or city where the child or guardian resides. The petitioner – usually the parent or someone related to the child – must provide the court with evidence that the child needs a new guardian. This evidence typically includes an affidavit from the current guardian stating why he or she cannot fulfill the duties of guardianship. The court will then schedule a hearing, where all parties involved can present evidence and argue their case. At the hearing, the court will make a determination about whether guardianship should be transferred and to whom. The court may also order a visit from one of its officers who will observe the current guardian-child relationship and make a recommendation to the court. The court may also order a medical evaluation of the child by a doctor or psychologist. All evidence presented at the hearing and the recommendation of the officer or medical professional will be considered by the court before making a final determination. If the court grants the petition, a new guardian will be appointed and all applicable paperwork must be completed in order to formally transfer guardianship. This can include court orders and other related documents. Once all the paperwork is complete, guardianship will officially be transferred to the new guardian, who will be responsible for making decisions on behalf of the child.

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What is the process for transferring guardianship?

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