Virginia Code

Va. Code Ann. § 64.2-1700 (2026)

Natural guardians

✓ current as of May 2026

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The parents of an unmarried minor child are the joint natural guardians of the person of such child with equal legal powers and legal rights with regard to such child, provided that the parents are living together, are respectively competent to transact their own business, and are not otherwise unsuitable. Upon the death of either parent, the survivor shall be the natural guardian of the person of such child. If either parent has abandoned the family, the other parent shall be the natural guardian of the person of such child.

Code 1919, § 5320; 1930, p. 687; Code 1950, § 31-1; 1999, c. 16; 2012, c. 614.

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: United States v. Homaune, 898 F. Supp. 2d 153 (D.D.C. 2012).

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United States v. Homaune, 898 F. Supp. 2d 153 (D.D.C. 2012). “The argument has some superficial appeal, since the best citation of Virginia law that the Government can rummage up is a statute making all parents (married and unmarried) “the joint natural guardians” of their child “with equal legal powers and legal rights with regard to such…”

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