Virginia | Family Law
Legal Question
My sister died Nov. 6th. She left a will stating I have guardianship over her 16 year old son. I also have been named executor and trustee. I had to place over $8,000 in expenses on my credit card and have no money left. I have been told I have to hire an attorney to get custody. At $200 an hour just for consultation, I can't do it. Do I have to have an attorney? Or can I petition the court on my own?
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Legal Answer
To answer your question fully, it would help to know if the child's father is still alive.
You can file a custody petition in the juvenile court without an attorney for $25. However, under these circumstances, it might be better to request a guardianship order from the circuit court. I may or may not have a form for this, but if you email me, I'll send you one if I can find it.
Please accept my sympathy for your loss.
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Attorney at Law 219 East Davis Street, Suite 350 Culpeper, VA 22701-3013
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