Kinship Guardianship Lawyer New Kent County, VA

Last reviewed: July 2026 Law Offices Of SRIS, P.C. – Advocacy Without Borders.

When a child in New Kent County cannot safely live with a parent, a relative—a grandparent, aunt, uncle, or adult sibling—often steps forward to provide a stable home. Virginia law provides a mechanism for that relative to obtain legal authority through a kinship guardianship. Law Offices Of SRIS, P.C. represents relatives seeking to establish and protect those guardianship rights in the Juvenile and Domestic Relations District Court and the Circuit Court of New Kent County. Mr. Sris, Owner and Founder of the firm, and the firm’s Of Counsel attorneys bring extensive experience in Virginia family law matters. To discuss how we may assist your family, reach our firm at (888) 437-7747.

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What Kinship Guardianship Means in New Kent County

Kinship guardianship in Virginia is a legal arrangement in which a relative of a child—someone with whom the child has an existing family bond—is appointed by the court to act as the child’s guardian. In New Kent County, these proceedings fall under the authority of the New Kent County Juvenile and Domestic Relations District Court for initial custody, support, and protective matters, while the New Kent County Circuit Court handles equitable distribution and related relief when a divorce or property division is also pending. The nearest firm location serving New Kent County is our Richmond location, and our attorneys appear regularly at the New Kent County courthouse located at 12001 Courthouse Circle, New Kent, Virginia.

Virginia’s kinship guardianship framework is governed by Va. Code § 64.2-2000 et seq. The statute distinguishes between a guardian of the person, who makes day-to-day care decisions, and a guardian of the estate, who manages the child’s financial affairs. A relative who obtains guardianship gains authority to enroll the child in school, consent to medical treatment, and make other essential decisions without the necessity of terminating parental rights. In New Kent County, families from communities such as New Kent, Providence Forge, and Quinton frequently seek this remedy when a parent is temporarily unable to care for the child due to illness, incarceration, military deployment, or similar circumstances. The court’s primary inquiry is the best interests of the child under the factors set forth in Va. Code § 20-124.3.

How Mr. Sris and His Of Counsel Handle Kinship Guardianship Cases

A well-prepared kinship guardianship petition presents the court with a thorough picture of the child’s circumstances, the proposed guardian’s relationship to the child, and the reasons guardianship is the appropriate solution. Mr. Sris and his Of Counsel begin by evaluating the family’s unique dynamics—who is currently caring for the child, what obstacles prevent a parent from fulfilling the parental role, and whether any child support or public benefits are in play. The firm’s attorneys then prepare and file the petition in the correct New Kent County court, serve all necessary parties, and represent the proposed guardian at every hearing.

During the proceeding, the court may appoint a guardian ad litem to represent the child’s interests, and the judge will consider evidence regarding the parents’ fitness, the child’s adjustment to the home of the proposed guardian, and any history of abuse or neglect. Mr. Sris and his Of Counsel guide the proposed guardian through this process, presenting testimony and documentation to demonstrate that the guardianship is in the child’s best interests. Where the parents consent to the arrangement, an uncontested order may be entered after a brief evidentiary hearing. When a parent contests the petition, the matter proceeds to a contested hearing. Throughout, the firm works to achieve a resolution that promotes stability for the child while respecting the legal rights of all parties.

About Mr. Sris and His Of Counsel

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings a thorough understanding of courtroom dynamics to every family law matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys—independent practitioners who work alongside Mr. Sris—add decades of litigation experience in family law, child welfare, and guardianship cases. Together, Mr. Sris and his Of Counsel offer extensive combined legal experience, and they have documented case results across all practice areas since 1997. Results may vary.

Frequently Asked Questions

What is kinship guardianship in Virginia?

Kinship guardianship is a court-ordered legal relationship between a child and an adult relative who is given the authority to care for the child. In Virginia, it allows a grandparent, aunt, uncle, adult sibling, or other family member to make decisions about the child’s education, health care, and general welfare without terminating the parents’ rights. The proceeding is typically filed in the Juvenile and Domestic Relations District Court and is governed by Va. Code § 64.2-2000 et seq. New Kent County families commonly pursue this option when a parent is temporarily unavailable due to military service, illness, or other personal circumstances and the child needs a stable, familiar caregiver.

Who can petition for kinship guardianship in New Kent County?

Any adult relative of the child who has a significant existing relationship and is willing to accept the responsibility of guardianship may petition the court. The petitioner must show that the child has been placed in their care or that they are the most appropriate relative to assume the guardianship role. The New Kent County Juvenile and Domestic Relations District Court will evaluate whether the petitioner is fit, whether guardianship serves the child’s best interests, and whether reasonable efforts have been made to notify the parents. In some cases, more than one relative may seek guardianship, and the court will decide based on the specific facts presented.

How does kinship guardianship differ from adoption?

Kinship guardianship does not permanently sever the legal relationship between the child and the parents; adoption does. In a guardianship, parents may retain residual rights such as the ability to seek visitation or, in some cases, to petition to terminate the guardianship if circumstances have changed. Adoption, by contrast, terminates all parental rights and creates a permanent parent-child relationship between the adoptive parent and the child. Many relatives choose guardianship when they anticipate the child may eventually reunite with a parent or when the parent is unable to care for the child now but may do so in the future.

What are the steps to establish kinship guardianship in Virginia?

The process begins with filing a petition in the Juvenile and Domestic Relations District Court of the county where the child resides. The petition must be served on the child’s parents, and the court will appoint a guardian ad litem to represent the child’s interests. A home study or investigation may be ordered. The court then holds a hearing at which the petitioner, the parents, and any other interested parties may present evidence. If the judge finds that guardianship is in the child’s best interests and that the petitioner is suitable, an order establishing the guardianship is entered. The order can specify the guardian’s powers and any conditions on the parents’ contact.

Do I need a lawyer for a kinship guardianship case in New Kent County?

You are not legally required to have an attorney, but the procedural requirements and potential for parental opposition make legal representation strongly advisable. A lawyer can ensure the petition is correctly drafted, that all necessary parties are served, and that the evidence presented to the court is complete and persuasive. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. Routinely handle kinship guardianship matters in New Kent County and can provide guidance from the initial consultation through the entry of the final order. Contact our firm at (888) 437-7747.

Can kinship guardianship be modified or terminated later?

Yes, a guardianship order may be modified or terminated if the circumstances that justified the original order have changed. For example, a parent who has completed a rehabilitation program or resolved the medical issue that prevented them from caring for the child may petition to terminate the guardianship and regain custody. The court will again apply the trusted-interests standard and consider the child’s current needs and adjustment. A guardian who wishes to relinquish the role can also seek court permission. Any modification requires a new petition and a hearing before the New Kent County court.

Primary sources:
Virginia Code Title 20 – Domestic Relations ·
Virginia’s Judicial System

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