Care and Custody of Children

Providing for your child’s care and custody may become of paramount concern at sometime. Often when the child’s other parent is not available, family members or friends may offer to provide child- care responsibilities. But questions often arise as to whether and how to make official or legal arrangements. Legal documentation of a custody transfer is often required for children to receive health benefits under a caretaker’s policy, to attend a school in another district, or to have survivors benefits paid to a designated caretaker

When your Child’s Custody Requires Determination

Voluntary and uncontested transfer of the custody of your child can easily be accomplished through the Juvenile and Domestic Relations District Court where you live. Simply make an appointment with the Court Service Unit and an intake officer will guide you through the process and assist you in filing the appropriate petitions or motions. Options such as sharing joint legal and physical custody of your child with a chosen caretaker provides for flexibility when unexpected problems arise.

If the custody of your child is contested or you have concerns about your child’s other parent you may consider requesting the court to appoint your child a guardian ad litem. A guardian ad litem is an attorney who will investigate your child’s situation and make a recommendation to the court based on what is in the child’s best interest.

Standby Guardianship

Another option is to file a petition requesting the Juvenile and Domestic Relations District Court to approve a “standby guardian.” A standby guardianship can also be obtained if a parent designates (in writing) a person to assume the duties of a guardian upon the occurrence of a triggering event. The written designation must state:

►    The name, address, and birth date of the child affected.

►    The triggering event or circumstances (e.g. hospice care).

►    The name and address of the person designated as standby guardian.

After the triggering event has occurred, the standby guardian must petition the court for approval as the standby guardian.

Whether the designation is first obtained by petitioning the court or a written designation, the court will consider the rights of the child’s other parent or the interests of other relatives who solicit the court. A guardian ad litem may also be appointed to investigate and make recommendations to the court regarding the child’s best interest.

Entrustment Agreements

Parents who cannot identify a family member or friend to accept responsibility of their child can temporarily entrust their children to the care of their local Department of Social Services or a private agency such as the Children’s Home Society of Virginia or Commonwealth Catholic Charities of Virginia. These agencies will place your child in a licensed foster home temporarily for up to 90 days, prior to petitioning the court for approval of the temporary entrustment agreement. Parents can also permanently place their children for adoption through these agencies. However, the parental rights of a non-consenting or non-present parent must be terminated prior to placing the child for adoption. During this process the Juvenile and Domestic Relations District Court will appoint a guardian ad litem for your child.

Relief of Care and Custody

Parents can also petition the court to relieve them of the care and custody of their child. However the family will be referred to the local Department of Social Services for investigation and possible provision of services to assist the parent in caring for the child before the parent is relieved of care and custody. The Juvenile and Domestic Relations District Court must approve all arrangements and your children will be represented by an attorney who serves as guardian ad litem.

Adoption

Petitions for adoptions can only be filed in Circuit Court. Typically, if a parent has previously permanently entrusted a child to a public or private agency, the adoptive parents and agency will retain an attorney to create and file the appropriate legal documents.

Parental Placement Adoptions

Parents may also place their child directly with adoptive parents, including relatives, of their choice. These parental placement adoptions require a consent hearing, to be held in the Juvenile and Domestic Relations District Court within ten days of filing the petition. However, a home study of the adoptive home must be completed by a licensed child-placing agency prior to the consent hearing. The petition for adoption must be filed in Circuit Court.