Temporary custody of niece & nephew
My sister, who lives in arizona, has verbally awarded my family, which lives in virginia, temporary custody of her 3 sons and 1 step-daughter. I do not know if we need court intervention or not. I am searching for legal documentation which would allow us to render medical assistance if necessary and to obtain local financial assistance, as the were recieving this in the state of arizona. Unfortunately i cannot handle all four children so it has been agreed that two of the children will reside with me, 1 with our parents, and the other with our brother & his wife. Do we need 3 seperate agreements or would one specifying me as their temporary guardian be sufficient?
1 Answer from Attorneys
Re: Temporary custody of niece & nephew
You should know that the Attorney General of Virginia has issued an opinion that an agreement transferring custody, as opposed to a court order transferrring custody, is not valid in Virginia. You may read a copy of the opinion by clicking here.
You really need a custody order from either an Arizona or Virginia court. The Virginia court will not have jurisdiction until the children have been here for six months.
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