Kinship Guardianship Lawyer Virginia Beach, VA

Kinship guardianship provides a legal framework for a relative or other adult with a significant relationship to a child to assume day-to-day care and decision-making authority when the child’s parents are unable to do so. In Virginia Beach, these matters are governed by Va. Code § 64.2‑2000 et seq. and are typically heard in the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B. Whether you are a grandparent, aunt, uncle, or a close family friend seeking to provide a stable home for a child, understanding the legal process is critical. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in Virginia since 1997 and concentrates a substantial portion of his work on family law proceedings, including kinship guardianship petitions. He and his Of Counsel team bring thorough preparation to each matter, working toward orders that serve the best interests of the child while protecting the rights of all parties. For a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On this page

What Kinship Guardianship Means in Virginia Beach

Kinship guardianship is distinct from adoption and from custody. Under Virginia law, a guardian appointed for a minor assumes the responsibilities of a parent regarding the child’s care, education, health, and general welfare, but the parents’ rights are not permanently terminated. The appointment does not sever the parent‑child relationship entirely; rather, it suspends certain parental rights and delegates day‑to‑day authority to the guardian. In Virginia Beach, petitions for kinship guardianship are filed in the Virginia Beach Circuit Court, the same court that handles equitable distribution and other family law matters. The court’s analysis focuses on the child’s best interests, examining the nature of the child’s relationship with the proposed guardian, the reasons the parents are unavailable or unable to care for the child, and whether the appointment would promote stability and continuity for the child.

The Virginia Beach Circuit Court sits within the Fourth Judicial District and serves Virginia Beach, Sandbridge, and Oceana. The court is accessible from major routes including I‑264, I‑64, and the Virginia Beach Expressway. Because guardianship proceedings involve considerable documentation—including a petition, affidavits, and often a home study or report from a guardian ad litem—having experienced counsel who understands local court expectations can be invaluable. The firm’s Richmond location represents clients throughout Virginia Beach, and consultation is available by appointment. Mr. Sris and his Of Counsel team are familiar with the procedural steps specific to the Virginia Beach Circuit Court and work to present a complete and persuasive case from the outset.

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

When a potential guardian contacts the firm, the first step is a thorough evaluation of the family situation. Mr. Sris and his Of Counsel consider the relationship between the child and the proposed guardian, the current living arrangements, any existing court orders involving the child, and the availability of other family members who might seek the same role. The goal at this stage is to identify the legal path that best aligns with the child’s interests and the family’s circumstances—whether that is a guardianship petition, a custody filing, or, in some situations, a step‑parent adoption. The firm’s approach is always tailored to the unique facts of the case.

After the initial assessment, the team prepares and files the petition for appointment of a guardian in the Virginia Beach Circuit Court. This includes gathering supporting documentation, identifying any necessary experienced attorney or third‑party reports, and coordinating with a guardian ad litem if the court appoints one. Throughout the process, Mr. Sris and his Of Counsel maintain regular communication with the client, explaining each development and preparing for hearings. Because guardianship matters can sometimes become contested—for example, if a parent objects or another relative seeks appointment—the firm is equipped to handle litigation, drawing on the combined experience of attorneys who have tried cases in Virginia Circuit Courts for decades. Every step is taken with the child’s welfare as the central consideration.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor and has represented clients in family law, guardianship, and related matters for more than twenty‑eight years. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute. He maintains a practice focused on providing thorough, individualized representation.

Mr. Sris is supported by a team of Of Counsel attorneys, each of whom brings substantial experience in family law and civil litigation. While Mr. Sris and his Of Counsel oversees the firm’s kinship guardianship work, his Of Counsel contribute to case preparation, legal research, and, when necessary, courtroom advocacy. Together, they bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. The firm’s Richmond location serves families throughout Virginia Beach, Sandbridge, and the surrounding communities.

Verify admissions: Virginia State Bar · Maryland Judiciary · DC Bar · NJ Courts · NY OCA

Frequently Asked Questions

What is kinship guardianship in Virginia?

Kinship guardianship is a court‑appointed arrangement that gives a relative or other adult with a close relationship to a child the legal authority to care for and make decisions for the child without permanently terminating parental rights. In Virginia, the process is governed by Va. Code § 64.2‑2000 et seq., and the court focuses on whether the appointment is in the child’s best interests. The guardian assumes responsibilities similar to those of a parent—providing housing, education, and healthcare—while the parents may retain certain residual rights, such as visitation, unless the court orders otherwise.

Who can petition for kinship guardianship in Virginia Beach?

Any adult who has a significant and ongoing relationship with the child—most commonly a grandparent, aunt, uncle, or other relative—may petition the Virginia Beach Circuit Court for appointment as a guardian. The petitioner must demonstrate that the child’s parents are unable or unavailable to provide adequate care and that appointing the petitioner would serve the child’s welfare. The court may also consider the child’s own preference if the child is of sufficient age and maturity.

How does kinship guardianship differ from adoption or custody?

Unlike adoption, kinship guardianship does not permanently sever the legal relationship between the child and the birth parents; parental rights are suspended, not terminated. Custody, on the other hand, generally determines with whom the child will live and who will make day‑to‑day decisions, but may not grant the full scope of authority that guardianship provides. A guardian has comprehensive decision‑making power over the child’s welfare, similar to a parent, while the parents’ rights remain in the background, subject to court modification if circumstances change.

What is the process for obtaining kinship guardianship in Virginia Beach?

The process begins with filing a petition in the Virginia Beach Circuit Court, accompanied by supporting affidavits and, often, a proposed order. The court may appoint a guardian ad litem to investigate and report on the child’s circumstances and the suitability of the proposed guardian. A hearing is scheduled, at which the petitioner presents evidence that the guardianship is necessary and in the child’s best interests. If the court grants the petition, it issues an order of appointment that defines the guardian’s powers and duties. The timeline varies depending on the court’s calendar and whether the matter is contested.

Do I need a lawyer for a kinship guardianship petition?

While you are not legally required to hire a lawyer, proceeding with experienced legal guidance helps ensure that the petition is properly prepared and that your interests and the child’s interests are fully presented. The court requires specific forms and documentation, and any procedural error can delay the appointment or result in denial. Mr. Sris and his Of Counsel team handle kinship guardianship matters regularly and understand the procedures of the Virginia Beach Circuit Court. For a consultation, call (888) 437‑7747.

How long does a kinship guardianship case take?

The duration of a kinship guardianship case depends on whether it is uncontested, the court’s docket, and the complexity of the family situation. A straightforward, unopposed petition may be resolved more quickly, while a contested matter—particularly if a parent or another relative challenges the appointment—can extend the timeline. The court schedules hearings based on its calendar, and the guardian ad litem investigation also requires time. Mr. Sris and his Of Counsel work to move the case forward efficiently while ensuring that every required step is completed thoroughly.

Virginia primary sources:
Virginia Judicial System |
Virginia HB 635 (2019) summary

Last reviewed: June 2026

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.