How long can a temporary guardian serve in West Virginia?

A West Virginia temporary guardian may not serve for more than six months. A court may extend the temporary guardianship beyond six months by further order finding continued need in the minor's best interest. A temporary guardian may be appointed on a showing that an immediate need exists or that a period of transition into a parent's custody is needed, and is requested within the same petition rather than a separate form.

Does a West Virginia guardianship of a minor end the parents' parental rights?

No. Guardianship is a court order that provides for the minor's care; it does not terminate parental rights and is not adoption. A parent may later petition to revoke or terminate the guardianship, and must show by a preponderance of the evidence a material change of circumstances and that termination serves the child's best interest.

What court and form does a West Virginia guardianship of a minor use?

Either the circuit court or the family court, which share concurrent jurisdiction; a family court must remove the case to circuit court if it learns the petition is based, in whole or part, on an allegation of child abuse or neglect. The statewide petition is IG-FORM01, Petition for Appointment of Guardian for the Minor(s) and/or for the Estate of the Minor(s), or IG-FORM01A for a guardian of the person only. The court's form controls.

Who must be given notice of a West Virginia guardianship petition?

Every parent whose rights have not been terminated, any other person with custodial interests listed in the petition, any minor named in the petition who is 14 years of age or older, the proposed guardian if someone other than the petitioner, and any counsel of record. Service must occur at least 5 days before the hearing, or the court must continue the hearing to a later date.

Does a 14-year-old have to consent to a West Virginia guardianship?

Turning 14 gives the minor the right to nominate their own guardian, whom the court appoints if it approves, and it triggers the minor's own right to be served with the petition and notice of the hearing. For a younger child, the court may weigh the child's firm and reasonable preferences if it finds the child sufficiently mature.

Is a bond required for a guardian of a minor in West Virginia?

Bond is required for a guardian of the minor's estate, who cannot hold or manage the estate until the bond is posted. A guardian of the person alone is not statutorily guaranteed to be bond-free, since both official petition forms warn the court may still require a bond at its discretion. The court may waive the estate bond where a testamentary guardian was nominated in a will directing no bond and the court finds bond unnecessary to protect the estate.

What background check or training does West Virginia require for a guardian of a minor?

The court must consider six enumerated screening factors for any proposed guardian, including sex-offender registration, criminal convictions, protective orders, substantiated abuse or neglect reports, substance abuse, and other people living in the home, but the Rules do not mandate fingerprinting or a state-police check for this court-appointment route. No mandatory guardian-training course applies. A guardian ad litem is appointed only when the court cannot otherwise obtain reliable information.

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

A parent, guardian, or legal custodian may delegate a child's care and custody to another person through a properly executed power of attorney. When the delegation is made with a qualified nonprofit organization's assistance, it may not exceed one year, after which a new one may be signed. The designee cannot consent to the child's marriage or adoption, and the parent may revoke the delegation at any time. This is a different instrument from a court guardianship and does not require filing a petition.

What if a child is in danger right now in West Virginia?

If a child faces abuse, neglect, or immediate danger, contact West Virginia's child protective agency or local law enforcement, and consider the protective order process. A guardianship petition by itself is not an emergency safety intervention.

Is a West Virginia guardianship petition the right process for a custody dispute between parents?

No. A petition may not proceed if the petitioner is a parent seeking custody adverse to the other parent, or if the child is already the subject of another custody proceeding. A dispute between a child's own parents belongs in a custody or parenting-time process, not a guardianship petition.

West Virginia Guardianship of a Minor Petition

West Virginia gives circuit and family courts concurrent jurisdiction over a guardianship of a minor, provides statewide IG-FORM01 and IG-FORM01A petitions under Rules of Practice and Procedure that control over conflicting statutes, caps a temporary guardianship at six months, and requires bond for guardianship of the minor's estate, while the court may still require a bond for a guardian of the person.

Find out where you stand in West Virginia

Where are you with the guardianship?

DocDraft provides document preparation, not legal advice.

Introduction

In West Virginia, an adult seeking to become a minor's guardian files a Petition for Appointment of Guardian for the Minor(s), or for the Minor's Estate, on the statewide IG-FORM01 petition, or IG-FORM01A for a guardian of the person only, in either circuit court or family court, which share concurrent jurisdiction; a family court must remove a case alleging child abuse or neglect to circuit court (W. Va. Code section 44-10-3(a); Minor Guardianship Rule 13). The court's form controls, and this is a working draft to prepare for filing, not a substitute for it. A temporary guardian may be appointed on a showing of immediate need or a transition into a parent's custody, capped at six months unless extended by further court order (W. Va. Code section 44-10-3(g)). Every parent whose rights have not been terminated, any other person with custodial interests, and any minor 14 or older must be served at least 5 days before the hearing (Minor Guardianship Rules 4-5). Bond is required for guardianship of a minor's estate, and the court may require one for a guardian of the person. This does not terminate parental rights and is not permanent in the way adoption is; a parent may later petition to end it. If a child faces abuse, neglect, or danger, contact the child protective agency and consider a protective order. A custody dispute between parents belongs in a custody process. A parent can also delegate a child's care by a power of attorney, capped at one year when made with a qualified nonprofit organization's help. Attorney review is available before you file.

Key Things to Know

1
West Virginia guardianship of a minor is filed as a Petition for Appointment of Guardian for the Minor(s), or for the Minor's Estate, on the statewide IG-FORM01 petition, or IG-FORM01A for a guardian of the person only, in either circuit court or family court, which have concurrent jurisdiction; a family court must remove to circuit court any case based in whole or part on an allegation of child abuse or neglect (W. Va. Code section 44-10-3(a); Minor Guardianship Rule 13).
2
A temporary guardian may be appointed on a showing that an immediate need exists or that a period of transition into a parent's custody is needed. The temporary guardianship may not exceed six months, though a court may extend it by further order finding continued need in the minor's best interest (W. Va. Code section 44-10-3(g)).
3
Every parent whose rights have not been terminated, any other person with custodial interests named in the petition, the proposed guardian if not the petitioner, and any minor 14 years of age or older must be served with notice at least 5 days before the hearing, or the court must continue the hearing (Minor Guardianship Rules 4-5).
4
A minor who is 14 years of age or older may nominate their own guardian, and the court appoints that nominee if approved. For a younger child, the court may weigh the child's firm and reasonable preferences if it finds the child sufficiently mature (W. Va. Code section 44-10-4).
5
The court may appoint a guardian only on clear and convincing evidence that appointment is in the minor's best interest, together with parental consent, a parent's rights having been previously terminated, a parent's unwillingness or inability to exercise those rights, abandonment by a material failure to exercise them for more than six months, or extraordinary circumstances that would likely cause serious detriment to the child if the petition is denied (W. Va. Code section 44-10-3(f)).
6
The court must consider six enumerated screening factors for any proposed guardian, including sex-offender registration, criminal convictions, protective orders, substantiated abuse or neglect reports, substance abuse, and other people in the home, but the Rules do not mandate fingerprinting for this court route. A guardian ad litem is discretionary, limited to cases where the court cannot otherwise get reliable information. Bond is required for guardianship of a minor's estate, and the court may still require one for a guardian of the person (Minor Guardianship Rules 9-10, 12).
7
Guardianship does not terminate a parent's parental rights and is not adoption. A parent may petition to revoke or terminate the guardianship, and must show by a preponderance of the evidence a material change of circumstances and that termination serves the child's best interest (W. Va. Code section 44-10-3(j)).

Key decisions before you file

Before you file a Guardianship of a Minor Petition in West 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

IN THE [CIRCUIT OR FAMILY] COURT OF [COUNTY] COUNTY, WEST VIRGINIA

IN RE: THE GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

Civil Action No. [CASE NUMBER]

VERIFIED PETITION FOR APPOINTMENT OF A GUARDIAN OF A MINOR

TO THE HONORABLE COURT:

Petitioner, [PETITIONER'S FULL NAME], respectfully petitions this court and states as follows.

PETITIONER Petitioner resides at [PETITIONER'S ADDRESS] and is the minor's [RELATIONSHIP TO THE MINOR]. Petitioner is a responsible person with knowledge of the minor's welfare and best interests, and is not a parent, or other person, whose rights to the minor have been terminated.
THE MINOR [CHILD'S FULL NAME], born [DATE OF BIRTH], currently resides at [CHILD'S CURRENT ADDRESS], in [COUNTY] County, West Virginia, where the minor has resided for [LENGTH OF RESIDENCE IN THE COUNTY].
PARENTS The minor's parents are [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR LAST KNOWN WHEREABOUTS], and [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. [DESCRIPTION OF EACH PARENT'S CONSENT STATUS, INCLUDING ANY PRIOR TERMINATION OF A PARENT'S RIGHTS, UNWILLINGNESS OR INABILITY TO EXERCISE THOSE RIGHTS, OR ABANDONMENT BY A MATERIAL FAILURE TO EXERCISE THEM FOR MORE THAN SIX MONTHS].
OTHER PERSONS WITH CUSTODIAL INTERESTS [NAMES AND ADDRESSES OF ANY OTHER PERSON WITH A CUSTODIAL INTEREST IN THE MINOR, OR A STATEMENT THAT NONE ARE KNOWN].
WHY GUARDIANSHIP IS NEEDED Appointment of a guardian is in the minor's best interest because [FACTS SHOWING WHY THE PARENTS CANNOT CURRENTLY CARE FOR THE MINOR]. [FACTS SHOWING ANY EXTRAORDINARY CIRCUMSTANCES THAT WOULD IN ALL REASONABLE LIKELIHOOD RESULT IN SERIOUS DETRIMENT TO THE MINOR IF THIS PETITION IS DENIED, OR NONE].
PROPOSED GUARDIAN'S QUALIFICATIONS Petitioner is [AGE] years old and can provide for the minor's health, education, and support because [FACTS SHOWING PETITIONER'S QUALIFICATIONS]. As to the six screening factors the court must consider, petitioner discloses: [SEX-OFFENDER REGISTRATION, CRIMINAL CONVICTIONS, PROTECTIVE ORDERS, SUBSTANTIATED ABUSE OR NEGLECT REPORTS, SUBSTANCE ABUSE, OR OTHER PERSONS IN THE HOME WITH ANY SUCH HISTORY].
SCOPE OF GUARDIANSHIP REQUESTED Petitioner requests appointment as guardian of [THE PERSON, THE ESTATE, OR BOTH THE PERSON AND THE ESTATE] of the minor. [DESCRIPTION OF THE MINOR'S PROPERTY AND ITS ESTIMATED VALUE, OR NONE].
BOND Petitioner [REQUESTS THAT BOND BE SET UNDER THE CONDITIONS THE COURT SPECIFIES, OR REQUESTS THAT BOND BE WAIVED BECAUSE A TESTAMENTARY GUARDIAN WAS NOMINATED IN A WILL DIRECTING NO BOND AND BOND IS UNNECESSARY TO PROTECT THE ESTATE]. Petitioner understands the court may require a bond even for a guardianship of the person.
TEMPORARY GUARDIANSHIP Petitioner [REQUESTS OR DOES NOT REQUEST] appointment as temporary guardian. [FACTS SHOWING AN IMMEDIATE NEED OR A NEEDED PERIOD OF TRANSITION INTO A PARENT'S CUSTODY, OR NONE].
RELIEF REQUESTED Petitioner requests that the court appoint petitioner guardian of [THE PERSON, THE ESTATE, OR BOTH] of the minor named above, set bond as the court finds appropriate, and grant such other relief as the court deems proper.

VERIFICATION

STATE OF WEST VIRGINIA COUNTY OF [COUNTY]

Petitioner, [PETITIONER'S FULL NAME], being duly sworn, states that the facts set out in this petition are true to the best of petitioner's knowledge, information, and belief.

[SIGNATURE] [PETITIONER'S FULL NAME] [ADDRESS] [CITY, WEST VIRGINIA ZIP] [PHONE] [EMAIL]

Sworn to and subscribed before me this [DATE].

[NOTARY SIGNATURE] Notary Public, State of West Virginia

West Virginia Requirements for Guardianship of a Minor Petition

Concurrent Circuit and Family Court Jurisdiction
The circuit court and the family court have concurrent jurisdiction to appoint a guardian for a minor; a family court must remove the case to circuit court if it learns the petition is based, in whole or part, on an allegation of child abuse or neglect (W. Va. Code section 44-10-3(a); Minor Guardianship Rule 13).
Statewide IG-FORM01 and IG-FORM01A Petitions
West Virginia uses the statewide IG-FORM01 petition for a guardian of the person and estate, or IG-FORM01A for a guardian of the person only; the Rules of Practice and Procedure for Minor Guardianship Proceedings control over any conflicting statute.
Six-Month Cap on Temporary Guardianship
A temporary guardian appointed on a showing of immediate need or a transition into a parent's custody may not serve more than six months, extendable only by further court order finding continued need in the minor's best interest (W. Va. Code section 44-10-3(g)).
Notice at Least 5 Days Before the Hearing
Every parent whose rights have not been terminated, any person with custodial interests, the proposed guardian if not the petitioner, and any minor 14 or older must be served at least 5 days before the hearing, or the court must continue the hearing (Minor Guardianship Rules 4-5).
Age 14 Triggers Service and Nomination Rights
A minor who is 14 years of age or older must be served with the petition and may nominate their own guardian, whom the court appoints if it approves (W. Va. Code section 44-10-4(a)).
Clear and Convincing Evidence Standard for Appointment
The court may appoint a guardian only on clear and convincing evidence that appointment serves the minor's best interest, together with parental consent, prior termination of rights, a parent's unwillingness or inability to exercise rights, abandonment by a material failure to exercise rights for more than six months, or extraordinary circumstances that would in all reasonable likelihood result in serious detriment to the child if the petition is denied (W. Va. Code section 44-10-3(f)).
Six-Factor Guardian Screening List
The court must consider six enumerated factors about any proposed guardian, including sex-offender registration, criminal convictions, protective orders, substantiated abuse or neglect reports, substance abuse, and other people in the home (Minor Guardianship Rule 10).
Bond Required for Guardianship of the Estate
A guardian of a minor's estate must post bond before holding or managing the estate; a guardian of the person alone is not guaranteed to be bond-free, since the court may still require a bond in its discretion (Minor Guardianship Rule 9).
Guardianship Does Not Terminate Parental Rights
A parent may petition to revoke or terminate a guardianship, showing by a preponderance of the evidence a material change of circumstances and that termination serves the child's best interest (W. Va. Code section 44-10-3(j)).

Find out where you stand in West Virginia

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

West Virginia Requirements for Guardianship of a Minor Petition

Concurrent Circuit and Family Court Jurisdiction

Statewide IG-FORM01 and IG-FORM01A Petitions

Six-Month Cap on Temporary Guardianship

Notice at Least 5 Days Before the Hearing

Age 14 Triggers Service and Nomination Rights

Clear and Convincing Evidence Standard for Appointment

Six-Factor Guardian Screening List

Bond Required for Guardianship of the Estate

Guardianship Does Not Terminate Parental Rights

Frequently Asked Questions