Virginia Circuit Court Guardianship of a Minor — Title 64.2 Explained

Virginia child-related proceedings can involve either JDR District Court or Circuit Court. JDR and Circuit Courts have concurrent jurisdiction over custody and visitation in many cases, subject to § 16.1-244; Circuit Court also handles minor guardianship under Title 64.2. Check for a pending divorce or custody case before filing, because it can affect which court may act.

What Title 64.2 Minor Guardianship Covers

Circuit Court guardianship under Title 64.2 (§§ 64.2-1700 through 64.2-1706) appoints a guardian for a minor's person, estate, or both. It sits under Virginia's probate and fiduciary code — not the domestic relations code where custody lives.

Guardian of the person exercises parental authority over the child's physical care, education, and daily life. This is what most relatives are seeking when they say "guardianship."

Guardian of the estate manages a minor's financial assets — real property, inheritances, litigation proceeds, or any substantial funds belonging to the child. An estate guardian is a court-supervised fiduciary who must take an oath, post a bond under § 64.2-1704, and file regular accountings with the local Commissioner of Accounts.

You can be appointed as one or both, depending on the child's situation.

JDR Custody vs. Circuit Court Guardianship

The two paths lead to different legal outcomes:

Circuit Courts also have concurrent equity jurisdiction over custody and visitation matters in many cases, subject to § 16.1-244; this table compares the usual JDR relative-custody and Circuit Court probate-guardianship paths.

Most grandparents and relatives raising a child day-to-day file in JDR Court for nonparent custody. Circuit Court guardianship typically comes into play when a parent has died and the child may have assets to manage, when a will names a testamentary guardian, or when the relative needs the broader authority that comes with a guardianship appointment.

How to File for Circuit Court Guardianship

Unlike JDR custody, there is no uniform statewide filing packet for minor guardianship in Circuit Court. You will need to:

1. Draft a petition asking the court to appoint you as guardian of the person, estate, or both. Some Circuit Court clerk offices have local templates.
2. File the UCCJEA Affidavit (Form DC-620) detailing where the child has lived for the past five years — this is required in both courts.
3. Serve notice on all parties who hold legal rights over the child, following the same service rules under Va. Code § 8.01-296.
4. Post a bond if appointed guardian of the estate. The court or clerk may waive surety when the minor's assets do not exceed $25,000.
5. Qualify by taking an oath to faithfully perform fiduciary duties.

Estate guardians face ongoing obligations: file an inventory within four months after the order conferring authority, then periodic accountings with the Commissioner of Accounts.

When a Minor Is 14 or Older

A minor who has reached age 14 can nominate their own guardian under § 64.2-1703, either in person before the court or clerk or through a notarized writing. The court or clerk must appoint the nominee if found suitable and competent; if the minor resides outside the Commonwealth, the court or clerk may instead nominate and appoint a guardian as if the minor were under 14.

Testamentary Guardianship

A parent can name a guardian in a will under § 64.2-1701. A guardian of the person who is not a parent is not entitled to custody while either parent is living and fit and proper. The named guardian must appear in the court where the will is admitted to probate within six months to accept the guardianship and give any bond required under § 64.2-1704.

Which Court Is Right for Your Situation

If you are a grandparent or relative seeking day-to-day custody of a child because a parent cannot care for them, JDR nonparent custody (Form DC-511) is usually the faster and simpler path. If the child has inherited property, if both parents are deceased and a will names you as guardian, or if you need the specific authority that comes with a guardianship appointment, Circuit Court under Title 64.2 is the route.

Our Virginia Guardianship and Custody Court Process Guide maps both paths side by side — the forms, the fees, the hearing process, and the post-order steps — so you can choose the right court and file with confidence.

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