West Virginia Petition for Temporary Guardianship - Military

State:
Multi-State
Control #:
US-03312BG
Format:
Word; 
Rich Text
Instant download

Description

Some state statutes provide for temporary or limited guardianships. These guardianships are generally granted by the courts to achieve a specific purpose for a certain amount of time. Once the purpose is accomplished, the guardianship is terminated.


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

(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship or protective order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.

No. Guardianship does not end a parent's rights to their child forever. Instead, allows someone else to make decisions regarding the child's care and well-being during the guardianship.

To legally get custody of a sibling you are going to be required to petition a court for becoming their guardian. Your sibling must usually be a minor or otherwise legally reliant, and you must be over eighteen or legally independent.

Temporary Guardian. The court shall set the duration of the temporary guardian appointment, but such appointment shall not exceed six months.

Guardianship/ You must file these completed documents at the office of the circuit clerk in the county in which the individual needing a guardian or conservator resides, or the county where the individual is admitted to a health care or correctional facility.

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. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

Court action is necessary to transfer custody of the child from the Department to the legal guardian. The prospective legal guardian's attorney will petition the Court to request the change in legal custody of the child.

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West Virginia Petition for Temporary Guardianship - Military