Virginia statute
Va. Code Ann. § 16.1-353 — Further proceedings to determine permanent guardianship, custody
Current through 2026 Regular Session
Part of Article 17: Standby Guardianship, Code of Virginia.
Full text of Va. Code Ann. § 16.1-353
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
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 (§ 20-124.1 et seq.) of Title 20, or both.
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.
Official sources
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This reference is informational and is not legal advice.