Virginia Code 16.1-353: Further proceedings to determine permanent guardianship, custody
A. If the triggering event was death of the qualified parent, within 90 days following the occurrence of the triggering event or, if later, commencement of the standby guardian‘s authority, the standby guardian shall (i) petition for appointment of a guardian for the child as otherwise provided by law or (ii) initiate other proceedings to determine custody of the child pursuant to Chapter 6.1 of Title 20, or both.
Terms Used In Virginia Code 16.1-353
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- law: means the Juvenile and Domestic Relations District Court Law embraced in this chapter. See Virginia Code 16.1-228
B. In all other cases a standby guardian shall promptly after occurrence of the triggering event initiate such proceedings to determine permanent custody, absent objection by the qualified parent.
The petition shall be accompanied by:
1. The court order approving or written designation of a standby guardian; and
2. The attending physician’s written determination of incompetence or debilitation; a verification of death; or evidence of the parent’s detention, incarceration, or deportation in connection with an immigration action.