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An order for pendente lite relief, which is available pursuant to Virginia Code Sections 20-124.2 and 20-103, solves the problem. Such an order will provide a temporary custody and visitation arrangement until a final decision on custody is made by the court at trial or by agreement of the parties.
The Virginia legal system utilizes three different kinds of guardianships to foster the care of minors: guardianship of the person, guardianship of the estate, and guardian ad litem. Depending on the circumstances, the guardian can be a person with whom the child is familiar, but that is not always a requirement.
You must fully comply with all the requirements of the Code of Virginia. You must prepare and file a petition requesting appointment of a Guardian at the Clerk of the Circuit Court Civil Division window with the appropriate filing fees.
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.
While it is possible to represent yourself in court when seeking appointment as a child's legal guardian, working with a family law attorney can ensure that you don't miss any important steps in the legal process.