Annotate Legal West Virginia Standby Temporary Guardian Forms For Free

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

For a person to be assigned as a temporary guardian, the person must fill an application stating the connection he/ she has with the minor and if his/ her criminal record is empty or not. After doing so, he/ she must show that both parents do not have a problem with him/ her being a temporary guardian of their child.

? A petition for appointment of a minor guardian shall be filed and heard in the county where the minor has resided for the past six months unless the court finds extraordinary circumstances for a sooner filing; or if the minor is a nonresident of the state, a county in which the minor has an estate.

This arrangement transfers all the rights and responsibilities for a child from the Department to the caretaker through a court sanctioned process. Parental rights are not required to be terminated for a child to be in a Legal Guardianship.

2.0 Intake. Legal guardianship is the permanent transfer of legal responsibility for a child in state custody to a kin/relative or an individual other than his or her parents.

As we've covered, custody is granted to parents or to someone with a parent-like relationship to a child; guardianship is appointed to someone other than a parent. While legal custodians are responsible for making all important decisions for a child, guardians face more limits.