What court handles a Virginia guardianship of a minor?

The Circuit Court, or administratively its clerk, for the county or city where the minor resides, or where the minor has estate if the minor lives out of state, under Title 64.2, Chapter 17. A standby guardianship instead goes to the Juvenile and Domestic Relations District Court under Title 16.1.

Is there an official Virginia guardianship of a minor form?

No statewide mandatory form exists for the initial petition; local courts generally expect a locally or attorney drafted petition. Form CC-1653, the Guardian of Minor Information Form, is the mandatory statewide information form used once a guardian is qualified.

Do parents have to be notified of a Virginia guardianship petition?

For an ordinary guardian of the person or estate under Chapter 17, there is no statutory notice-to-parents or hearing requirement; it functions as a qualification before the court or its clerk. Virginia's separate standby guardianship process is different: it requires notice and summons to known parents, and a hearing if one is timely requested.

How long does a temporary guardianship last in Virginia?

There is no fixed statutory maximum duration. A temporary guardian's authority continues until a guardian appointed by the circuit court or clerk has given bond, or while there is no guardian, and the temporary guardian must give the same bond a regular guardian would.

Can a Virginia child choose their own guardian?

A minor who is at least 14 may personally nominate a guardian for the estate or person, and the court or clerk must appoint that nominee if found suitable and competent. There is no separate statutory consent requirement for a minor at any age in an ordinary Chapter 17 appointment.

Is a bond required for a Virginia guardian?

A guardian of the estate must post bond at least equal to the value of the minor's personal estate. Surety on the bond can be waived, and the clerk may allow qualification without surety when the minor's estate does not exceed $25,000. Virginia's bond statute is written in terms of the minor's estate.

Does a Virginia guardianship end a parent's rights?

No. Guardianship does not terminate parental rights and is not adoption. It ends automatically when the minor turns 18, or earlier under a will's terms or the guardian's death, removal, or resignation.

Is there a way to arrange temporary care for a Virginia child without going to court?

Virginia's parental power of attorney lets a parent delegate authority over a child's care, custody, and property, including school enrollment and medical consent, by signing a statutory form. It is capped at 180 days, extendable for a parent in active military service, and does not modify any existing court order.

Virginia Guardianship of a Minor Petition

Q: What is Virginia standby guardianship?

A separate track, heard in the Juvenile and Domestic Relations District Court, for a qualified parent diagnosed with a progressive or chronic condition from which recovery is unlikely, or facing likely detention, incarceration, or deportation, to designate a guardian in writing in advance. Authority begins automatically on the triggering event, but a confirming petition must be filed with the court within 30 days or the authority lapses.

Virginia has no general court petition statute for guardianship of a minor: a circuit court or its clerk instead qualifies a guardian of the person or estate under Title 64.2, Chapter 17, typically without notice to parents or a hearing, while a separate standby guardianship for an ill, incarcerated, or deported parent runs through the Juvenile and Domestic Relations District Court.

Find out where you stand in Virginia

Where are you with the guardianship?

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Introduction

Virginia has no general court petition statute for guardianship of a minor. A guardian of the person or estate is instead qualified by the Circuit Court, or administratively by its clerk, for the county or city where the minor resides, under Title 64.2, Chapter 17. Chapter 17 does not require notice to the parents or a hearing before an ordinary appointment; it functions as a qualification, typically once a guardian is already agreed upon or named in a will. A minor at least 14 may personally nominate a guardian, whom the court or clerk must appoint if found suitable and competent. No statewide mandatory form exists for the initial petition; form CC-1653 is the mandatory statewide information form used once a guardian qualifies. A temporary guardian has no fixed statutory duration and serves until a guardian gives bond or while there is no guardian. A separate standby guardianship, for a parent diagnosed with a progressive or chronic condition from which recovery is unlikely, or facing likely detention, incarceration, or deportation, is approved by the Juvenile and Domestic Relations District Court with notice to known parents, under Title 16.1. This guardianship does not terminate a parent's parental rights and is not adoption. For lighter, temporary caregiving authority, Virginia's parental power of attorney lets a parent delegate authority by signing a statutory form, capped at 180 days, without a court filing. Attorney review is available before you file.

Key Things to Know

1
Virginia has no general guardianship of a minor statute. A guardian of the person or estate is instead qualified by the Circuit Court, or administratively by its clerk, for the county or city where the minor resides, under Title 64.2, Chapter 17; no statewide mandatory form exists for the initial petition, but form CC-1653, the Guardian of Minor Information Form, is mandatory once a guardian qualifies.
2
Chapter 17 does not require notice to the parents or a hearing before an ordinary guardian of the person or estate is qualified. It functions as a qualification before the court or its clerk, typically once a guardian is already agreed upon or named in a will, unlike the notice-and-hearing model Virginia's own standby guardianship law uses.
3
A temporary guardian may be appointed with no fixed statutory maximum duration. Authority lasts until a guardian appointed by the circuit court or clerk has given bond, or while there is no guardian, and the temporary guardian must give the same bond a regular guardian would.
4
A separate standby guardianship track exists in the Juvenile and Domestic Relations District Court under Title 16.1, for a parent diagnosed with a progressive or chronic condition from which recovery is unlikely, or facing likely detention, incarceration, or deportation. It requires notice and summons to known parents, and the confirming court petition must be filed within 30 days of the triggering event or the standby guardian's authority lapses.
5
A minor who is at least 14 may personally nominate a guardian for the estate or person, and the court or clerk must appoint that nominee if found suitable and competent. A parent may name a testamentary guardian by will, but a non-parent guardian of the person is not entitled to custody as long as either parent is living and fit.
6
A guardian of the estate must post bond at least equal to the value of the minor's personal estate, though surety can be waived and the clerk may allow qualification without surety when the estate is $25,000 or less. No statewide background check, guardian ad litem, or training requirement applies to a Chapter 17 guardian of a minor; form CC-1653 only asks the proposed guardian to self-disclose felony convictions and past bankruptcy.
7
This guardianship does not terminate a parent's parental rights and is not adoption. It ends automatically when the minor turns 18, or earlier under a will's terms or the guardian's death, removal, or resignation.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Virginia, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

COMMONWEALTH OF VIRGINIA IN THE CIRCUIT COURT OF [COUNTY OR CITY], VIRGINIA

In re: Guardianship of [CHILD FULL NAME], a Minor

Case No. [CASE NUMBER]

PETITION FOR APPOINTMENT OF GUARDIAN OF A MINOR (Virginia has no statewide mandatory form for this initial petition; this is a working draft to prepare for filing. Form CC-1653, Guardian of Minor Information Form, is a separate mandatory statewide information form used once a guardian is qualified.)

PETITIONER Petitioner [PETITIONER FULL NAME], residing at [PETITIONER ADDRESS], respectfully asks this Court, or its clerk, to qualify petitioner as guardian of the [PERSON, ESTATE, OR PERSON AND ESTATE] of the minor named below. Petitioner's relationship to the minor is [RELATIONSHIP TO CHILD].
THE MINOR Name: [CHILD FULL NAME] Date of birth: [CHILD DATE OF BIRTH] Current residence: [CHILD CURRENT ADDRESS], in [COUNTY OR CITY], Virginia.
PARENTS Mother: [MOTHER FULL NAME], residing at [MOTHER ADDRESS OR "WHEREABOUTS UNKNOWN"]. Father: [FATHER FULL NAME], residing at [FATHER ADDRESS OR "WHEREABOUTS UNKNOWN"]. Consent status: [PARENT CONSENT STATUS: CONSENTS, OBJECTS, HAS NOT RESPONDED, OR WHEREABOUTS UNKNOWN]. Testamentary or other nomination: [NONE, OR DESCRIPTION OF A PARENT'S WILL OR WRITTEN NOMINATION OF PETITIONER]. Nomination by the minor under Va. Code section 64.2-1703: [NONE, OR DESCRIPTION OF THE MINOR'S NOMINATION OF PETITIONER].
WHY GUARDIANSHIP IS NEEDED Qualification of a guardian is needed because [FACTS SHOWING WHY THE PARENTS CANNOT CURRENTLY CARE FOR THE MINOR AND WHY PETITIONER SHOULD BE QUALIFIED].
PROPOSED GUARDIAN'S QUALIFICATIONS Petitioner is [AGE] years old, resides at the address above, and is able to provide for the minor's [HEALTH, EDUCATION, AND SUPPORT NEEDS] because [FACTS SHOWING PETITIONER'S QUALIFICATIONS]. Petitioner's disclosures for form CC-1653: [FELONY CONVICTION, BANKRUPTCY, AND VIRGINIA BAR LICENSURE DISCLOSURES, OR "NONE"].
THE MINOR'S ESTATE Property the minor owns or may receive: [DESCRIPTION OF THE MINOR'S PROPERTY OR EXPECTED FUNDS, OR "NONE"]. Estimated value: [ESTIMATED VALUE OF THE MINOR'S PERSONAL ESTATE].
BOND Petitioner will give bond in an amount at least equal to the value of the minor's personal estate coming under petitioner's control, as provided in Va. Code section 64.2-1704. Petitioner asks to qualify [WITH SURETY OR WITHOUT SURETY] on the bond. Qualification without surety is available under Va. Code section 64.2-1411 when there are no assets or the minor's estate coming into the guardian's possession does not exceed $25,000.
TEMPORARY GUARDIANSHIP Petitioner [REQUESTS OR DOES NOT REQUEST] appointment as temporary guardian under Va. Code section 64.2-1706 until a guardian appointed by the Court or its clerk has given bond, or while there is no guardian.
RELIEF REQUESTED Petitioner asks the Court or its clerk to: a. Qualify petitioner as guardian of the [PERSON, ESTATE, OR PERSON AND ESTATE] of the minor; b. Set bond as appropriate under Va. Code section 64.2-1704, or waive surety under Va. Code section 64.2-1411; c. Issue an order of qualification; and d. Grant such other relief as the Court deems proper.

VERIFICATION I, [PETITIONER FULL NAME], state that I have read the foregoing petition and know its contents, and that the matters stated are true to the best of my knowledge and belief.

Executed on [DATE] at [CITY, VIRGINIA].

[SIGNATURE] [PETITIONER FULL NAME]

Virginia Requirements for Guardianship of a Minor Petition

No General Guardianship Statute; Circuit Court Qualification
Virginia has no general court-petition guardianship-of-a-minor statute; a guardian of the person or estate is instead qualified by the Circuit Court, or administratively by its clerk, for the county or city where the minor resides, under Va. Code Title 64.2, Chapter 17.
Form CC-1653 Required at Qualification
No statewide mandatory form exists for the initial petition, but form CC-1653, Guardian of Minor Information Form, is the mandatory statewide form used once a guardian is qualified under Va. Code section 64.2-1409.
No Notice or Hearing for Ordinary Qualification
Chapter 17 does not require notice to the parents or a hearing before an ordinary guardian of the person or estate is qualified, unlike the notice-and-hearing model Virginia's own standby guardianship process uses.
Temporary Guardian With No Fixed Maximum Duration
Under Va. Code section 64.2-1706, a temporary guardian's authority continues until a guardian appointed by the circuit court or clerk has given bond, or while there is no guardian, with no fixed statutory day limit.
Standby Guardianship in Juvenile and Domestic Relations Court
A separate standby guardianship for a parent diagnosed with a progressive or chronic condition from which recovery is unlikely, or facing likely detention, incarceration, or deportation, is approved by the Juvenile and Domestic Relations District Court under Va. Code Title 16.1, Chapter 11, Article 17, with notice to known parents and a confirming petition due within 30 days of the triggering event.
Minor's Nomination Right at Age 14
A minor who is at least 14 may personally nominate a guardian for the estate or person under Va. Code section 64.2-1703, and the court or clerk must appoint that nominee if found suitable and competent.
Bond Required for Estate Guardianship
A guardian of the estate must post bond at least equal to the value of the minor's personal estate under Va. Code section 64.2-1704, though the clerk may allow qualification without surety when the estate is $25,000 or less under Va. Code section 64.2-1411.
Guardianship Does Not Terminate Parental Rights
A Virginia guardianship does not end a parent's parental rights and is not adoption; it ends automatically when the minor turns 18, or earlier under a will's terms or the guardian's death, removal, or resignation.

Find out where you stand in Virginia

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Virginia Requirements for Guardianship of a Minor Petition

No General Guardianship Statute; Circuit Court Qualification

Form CC-1653 Required at Qualification

No Notice or Hearing for Ordinary Qualification

Temporary Guardian With No Fixed Maximum Duration

Standby Guardianship in Juvenile and Domestic Relations Court

Minor's Nomination Right at Age 14

Bond Required for Estate Guardianship

Guardianship Does Not Terminate Parental Rights

Frequently Asked Questions