Virginia Agreement to Give Temporary Custody of Children to Grandparents

State:
Multi-State
Control #:
US-02119BG
Format:
Word; 
Rich Text
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Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction. This form assumes that the parents are not divorced or separated.

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FAQ

However, in the Commonwealth of Virginia, the court can grant biological grandparents custody of a child if they deem the parents unfit ? which must be proven by clear and convincing evidence (the highest civil standard of proof, often seen as being equivalent to the beyond a reasonable doubt standard in criminal law).

Can someone who is not a parent file for custody? Virginia allows some others ? like a grandparent or other relative ? to file for custody. A person who is not a parent must be a ?person with a legitimate interest? under the law.

Typically, the child's parents will have the first right to claim their qualifying child. However, if the parents are unable to claim the child, or choose not to, then the person with the highest adjusted gross income (AGI) will be able to claim the qualifying child.

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 Residence Order establishes that the child is living with the grandparent, and also provides the grandparent with Parental Responsibility for the child. Depending upon his or her circumstances, the grandparent may also become eligible to be paid allowances for his or her grandchild from the local authority.

Grandparents have no legal right to make important decisions for the child. With power of attorney from parents, grandparents' custody is strengthened. Parents can take the child back and terminate power of attorney at any time. Parents still have full legal rights.

This means assuming the right and responsibility to care for the child and make decisions on the child's behalf. Grandparents can generally petition for custody only if: The parent(s) are unfit. The parent(s) have passed away. The parent(s) agree the grandparents should take custody.

They are supposed to raise them in a loving and friendly environment. They must set a good example to their sons and daughters so that the latter may grow up as responsible persons. Aside from this, they also have the duty to pay for the support and maintenance of their sons and daughters.

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Virginia Agreement to Give Temporary Custody of Children to Grandparents