West Virginia Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03328BG
Format:
Word; 
Rich Text
Instant download

Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


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.

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FAQ

?Legal or minor guardianship? means the permanent relationship between a child and a caretaker, established by order of the court having jurisdiction over the child or juvenile, pursuant to this chapter and chapter forty-four of this code.

One way to get a guardianship is to have the parents agree to the appointment of another guardian. This is called consent. If the parents will agree to the guardianship, it is best to get this in writing.

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.

A legal guardianship is a judicially created and legally binding relationship between a child and caretaker which is intended to be permanent and self- sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: Protection, education, care and control of the ...

Guardians Ad Litem. The guardian ad litem acts as an independent fact finder, investigator and evaluator as to what furthers the best interests of the child. The guardian ad litem submits a written report to the court and is available to testify.

Curator or Temporary Guardian. The duration of such appointment may not exceed six months. The court may extend the temporary appointment upon further order finding continued need in the best interests of the minor.

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.

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West Virginia Notice to Minor to Nominate or Select Guardian