§ 16.1-350. Petition for court approval of standby guardian.
A. Upon petition of any person, the juvenile court of the jurisdiction inwhich a child resides may approve a person as standby guardian for a child ofa qualified parent upon the occurrence of a specified triggering event. Ifrequested in the petition, the court may also approve an alternate standbyguardian identified by the petitioner, to act in the event that at any timeafter approval pursuant to this section the standby guardian is unable orunwilling to assume the responsibilities of the standby guardianship.
B. The petition shall state:
1. The name and address of the petitioner and his relationship to the childand the name and address of the child's qualified parent, and the name andaddress of any other parent of the child whose identity and whereabouts areknown to the petitioner or can reasonably be ascertained;
2. The name, address and birthdate of the child;
3. The nature of the proposed triggering event, including when a qualifiedparent's consent would be effective in those cases where such consent ischosen as the triggering event;
4. Whether a determination of incompetence or debilitation has been made and,if so, when and by whom;
5. Whether there is a significant risk that the qualified parent willimminently become physically or mentally incapable of caring for the child ordie as the result of a progressive chronic condition or illness; however, apetitioner shall not be required to submit medical documentation of aparent's medical status with the petition;
6. The name and address of the person proposed as standby guardian and anyalternate and whether the petition requests that such person be givenauthority as a guardian of the person or guardian of the property of theminor, or both;
7. A statement of any known reasons as to why the child's other parent is notassuming or should not assume the responsibilities of a standby guardian;
8. Whether there is any prior judicial history regarding custody of the childor any pending litigation regarding custody of the child; and
9. The name and address of the attending physician.
C. Upon the filing of a petition, notice of the filing shall promptly begiven to each parent of the child whose identity and whereabouts are known tothe petitioner. The court shall direct the issuance of summonses to thechild, if the child is twelve or more years of age and the proposed standbyguardian and alternate, if any, and such other persons as appear to the courtto be proper or necessary parties to the proceedings including the child'sparents, guardian, legal custodian or other person standing in loco parentis,if the identity and whereabouts of such persons are known. Service of thesummons shall be made pursuant to § 16.1-264.
An order approving the standby guardian shall not be entered without ahearing if there is another known parent, stepparents, adult siblings, orother adult related to the child by blood, marriage, or adoption who requestsa hearing within ten days of the date that notice of the filing was sent orif there is other litigation pending regarding custody of the child.
Prior to any hearing on the petition, the court may appoint a discreet andcompetent attorney at law as guardian ad litem to represent the childpursuant to § 16.1-266.1. In the case of a petition filed by anyone otherthan a parent of the child, the court shall appoint a guardian ad litem. Thequalified parent shall not be required to appear in court if the parent ismedically unable to appear, except upon motion for good cause shown.
§ 16.1-350. Petition for court approval of standby guardian.
A. Upon petition of any person, the juvenile court of the jurisdiction inwhich a child resides may approve a person as standby guardian for a child ofa qualified parent upon the occurrence of a specified triggering event. Ifrequested in the petition, the court may also approve an alternate standbyguardian identified by the petitioner, to act in the event that at any timeafter approval pursuant to this section the standby guardian is unable orunwilling to assume the responsibilities of the standby guardianship.
B. The petition shall state:
1. The name and address of the petitioner and his relationship to the childand the name and address of the child's qualified parent, and the name andaddress of any other parent of the child whose identity and whereabouts areknown to the petitioner or can reasonably be ascertained;
2. The name, address and birthdate of the child;
3. The nature of the proposed triggering event, including when a qualifiedparent's consent would be effective in those cases where such consent ischosen as the triggering event;
4. Whether a determination of incompetence or debilitation has been made and,if so, when and by whom;
5. Whether there is a significant risk that the qualified parent willimminently become physically or mentally incapable of caring for the child ordie as the result of a progressive chronic condition or illness; however, apetitioner shall not be required to submit medical documentation of aparent's medical status with the petition;
6. The name and address of the person proposed as standby guardian and anyalternate and whether the petition requests that such person be givenauthority as a guardian of the person or guardian of the property of theminor, or both;
7. A statement of any known reasons as to why the child's other parent is notassuming or should not assume the responsibilities of a standby guardian;
8. Whether there is any prior judicial history regarding custody of the childor any pending litigation regarding custody of the child; and
9. The name and address of the attending physician.
C. Upon the filing of a petition, notice of the filing shall promptly begiven to each parent of the child whose identity and whereabouts are known tothe petitioner. The court shall direct the issuance of summonses to thechild, if the child is twelve or more years of age and the proposed standbyguardian and alternate, if any, and such other persons as appear to the courtto be proper or necessary parties to the proceedings including the child'sparents, guardian, legal custodian or other person standing in loco parentis,if the identity and whereabouts of such persons are known. Service of thesummons shall be made pursuant to § 16.1-264.
An order approving the standby guardian shall not be entered without ahearing if there is another known parent, stepparents, adult siblings, orother adult related to the child by blood, marriage, or adoption who requestsa hearing within ten days of the date that notice of the filing was sent orif there is other litigation pending regarding custody of the child.
Prior to any hearing on the petition, the court may appoint a discreet andcompetent attorney at law as guardian ad litem to represent the childpursuant to § 16.1-266.1. In the case of a petition filed by anyone otherthan a parent of the child, the court shall appoint a guardian ad litem. Thequalified parent shall not be required to appear in court if the parent ismedically unable to appear, except upon motion for good cause shown.
§ 16.1-350. Petition for court approval of standby guardian.
A. Upon petition of any person, the juvenile court of the jurisdiction inwhich a child resides may approve a person as standby guardian for a child ofa qualified parent upon the occurrence of a specified triggering event. Ifrequested in the petition, the court may also approve an alternate standbyguardian identified by the petitioner, to act in the event that at any timeafter approval pursuant to this section the standby guardian is unable orunwilling to assume the responsibilities of the standby guardianship.
B. The petition shall state:
1. The name and address of the petitioner and his relationship to the childand the name and address of the child's qualified parent, and the name andaddress of any other parent of the child whose identity and whereabouts areknown to the petitioner or can reasonably be ascertained;
2. The name, address and birthdate of the child;
3. The nature of the proposed triggering event, including when a qualifiedparent's consent would be effective in those cases where such consent ischosen as the triggering event;
4. Whether a determination of incompetence or debilitation has been made and,if so, when and by whom;
5. Whether there is a significant risk that the qualified parent willimminently become physically or mentally incapable of caring for the child ordie as the result of a progressive chronic condition or illness; however, apetitioner shall not be required to submit medical documentation of aparent's medical status with the petition;
6. The name and address of the person proposed as standby guardian and anyalternate and whether the petition requests that such person be givenauthority as a guardian of the person or guardian of the property of theminor, or both;
7. A statement of any known reasons as to why the child's other parent is notassuming or should not assume the responsibilities of a standby guardian;
8. Whether there is any prior judicial history regarding custody of the childor any pending litigation regarding custody of the child; and
9. The name and address of the attending physician.
C. Upon the filing of a petition, notice of the filing shall promptly begiven to each parent of the child whose identity and whereabouts are known tothe petitioner. The court shall direct the issuance of summonses to thechild, if the child is twelve or more years of age and the proposed standbyguardian and alternate, if any, and such other persons as appear to the courtto be proper or necessary parties to the proceedings including the child'sparents, guardian, legal custodian or other person standing in loco parentis,if the identity and whereabouts of such persons are known. Service of thesummons shall be made pursuant to § 16.1-264.
An order approving the standby guardian shall not be entered without ahearing if there is another known parent, stepparents, adult siblings, orother adult related to the child by blood, marriage, or adoption who requestsa hearing within ten days of the date that notice of the filing was sent orif there is other litigation pending regarding custody of the child.
Prior to any hearing on the petition, the court may appoint a discreet andcompetent attorney at law as guardian ad litem to represent the childpursuant to § 16.1-266.1. In the case of a petition filed by anyone otherthan a parent of the child, the court shall appoint a guardian ad litem. Thequalified parent shall not be required to appear in court if the parent ismedically unable to appear, except upon motion for good cause shown.
