This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
West Virginia Standby Guardianship Guide
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US-ADOP6
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How to fill out Standby Guardianship Guide?
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FAQ
parent such as a grandparent, sibling, aunt/uncle, stepparent, etc., generally cannot get custody of a child except for cases of abandonment, neglect, unfitness of both parents, or other extraordinary circumstances.
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.
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.
How do I become a guardian? You must file a petition in either Family Court or Circuit Court. The Judge will look at the facts and decide whether or not to appoint you as the child's guardian.
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.
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.
(a) Any adult individual may be appointed to serve as a guardian, a conservator or both upon a showing by the individual of the necessary education, ability and background to perform the duties of guardian or conservator and upon a determination by the court that the individual is capable of providing an active and ...