When screening a petition in consideration of appointing guardianship over a West Virginia minor, the court considers many factors. This includes whether a proposed guardian is required to register as a sex offender under West Virginia Code, Chapter 15, Article 12. The court will also determine if there are any felony or misdemeanor criminal convictions, whether they have ever been the subject of a restraining order or final protective order, any substantiated report alleging child abuse, neglect, or molestation made to any child protection agency, other law enforcement agency, or court in any jurisdiction. The court will also determine whether the proposed guardian is a habitual user of alcohol or illegal substances, and whether the same apply to anyone else living in the home.
1. The full name, date of birth, and current residence address of the minor/s in question
2. A statement supporting jurisdiction of the venue (the county circuit court where the child has resided for the previous 6-month period)
3. A statement requesting the extent of the proposed guardianship requested (guardianship/conservatorship over the person, the estate, or both
4. A statement indicating the identity and status of the child’s biological parents, including each parent’s name, last known address, whether living or deceased, and whether or not parental rights have been terminated
5. If the child does not live with the parents, the name and address of the current custodian/s
6. A statement listing the reason guardianship is being sought
7. List of all addresses where the child has lived for the previous 5 years
8. List of the names and current addresses of all who lived at the same residence as the child during the past 5 years
9. All current and previous custody-related court hearings including the court name, location, case number, and type of proceeding
10. Name, address, and relationship of proposed guardian/s
11. A statement affirming the competency and fitness of each proposed guardian, and attesting that the assignment of guardianship will properly protect the welfare and best interest of the child
12. If a guardian seeks appointment over the estate of the minor, include a description and current estimated value of all real property and assets in the estate
13. A statement describing any anticipated future periodic payments for the child (including child support, government benefits, etc.)
14. A statement indicating whether a temporary guardian or curator is required to protect the best interests of the child until a guardian is appointed and empowered to ac
If the guardianship includes an estate, the guardian may be subject to additional screening to determine whether bond requirements and qualifications for fiduciary duty can be met.
The above information is a generalized summary of select aspects of the court procedure required when filing a petition for guardianship. If you would like to learn more, we encourage you to read over the headings of interest in the full, unedited text of the West Virginia Judiciary’s Rules for Minor Guardianship Proceedings. Better yet, contact us to get answers to your questions and legal representation, should you decide to move forward with your guardianship petition.
