Guardianship of a Minor
Why Choose A Guardianship?
The biggest difference between adoption and guardianship is that a guardianship does not legally terminate the biological parents’ rights to their child. A guardian is someone who has custody of a child and serves for all practical purposes as a parent for the child for a certain period of time, sometimes through the child’s developmental years. The biological parent can be as involved as possible in the child’s life and can also collaborate with the guardian for the benefit of the child. The collaborative efforts of both the biological parents and guardians is vital, especially when it is only a temporary arrangement.
If you are a guardian of a child, you will be allowed to access services for the child that you may not have access to without the designation of guardian. Relatives may request that you take their child into your care as a guardian for a temporary period of time. If you are thinking about becoming a guardian or even a foster parent, it is important that you understand the differences and the guardianship process. It is also very important that you have clear expectations about what the guardianship role and process entails. Sometimes a guardianship can be a step towards adoption, however the guardianship could simply stay in place until the child reaches the age of majority which is 18 years old. Adoption Law Firm Anaheim California servicing all of California can not only facilitate this for you, but also provide you with all of the information you’ll need to know if this is a route that you believe will work for you and your family.
Here at Adoption Law Firm Anaheim California servicing all of California, we have seen many people choose guardianship for a number of reasons. If a biological parent needs to enter rehabilitation for an addiction or if the biological parent is dealing with incarceration or another serious situation and cannot care for the child during that time, they may nominate and consent to a relative or friend with a stable home to take on the responsibilities of raising their child, either temporarily or “permanently” (until the child is 18).
Guardianship differs from adoption in that the biological parent can go back to the court and request that the guardianship end and that the child return to the biological parent’s custody. The hope is that this is agreed to by all parties as this facilitates a smooth transition and best supports the child. This also allows for continued harmony within the family as a whole.
In some cases, a guardianship can evolve into an adoption because the biological parents’ situation is not changing and there are additional factors requiring more security and permanence for the child through adoption. A recent California Supreme Court case that Attorney Ted R. Youmans was involved in now makes it easier for guardians to adopt a child after they have raised the child for more than two (2) years. An experienced adoption attorney at Adoption Law Firm Anaheim California servicing all of California can help you understand your legal options relating to any questions you have about guardianships and protecting children.
Adoption Law Firm Anaheim California servicing all of California gets involved in providing a child with a better future through guardianship. We understand better than anyone the varying reasons for which a biological parent might be going through a crisis for which guardianship is a viable option. This prevents the child from going through the foster system where outcomes can differ for the child. Although reunification of the family is typically the end goal with foster cases, guardianship ensures that the biological parent does not legally lose their parental rights with the child. Reunification with the biological parents can also be done in a more organic way as the child’s guardian is a relative that can remain in the child’s life unlike a foster parent.
Guardianships can be a temporary arrangement, but can also lead to adoption if the biological parents situation becomes permanent or will prevent them from fulfilling their role until the child is 18 years old.
Who Can You Choose For A Guardianship?
If you are the family member of a biological parent who has a child they are unable to take care of at the moment due to a crisis, then you can be a guardian for the child. You can be the village that your family member needs during this time to help raise the child while the biological parent remains with the legal rights. If you are a grandparent, an aunt, uncle, cousin, brother, or sister, you can definitely be a guardian for the child. This is a wonderful opportunity to impact the trajectory of the child’s life for the time that you are their guardian. Although this could only be a temporary arrangement and not something more permanent like an adoption, the amount of time they are in your guardianship is not what’s most important, but rather what you’ll do in that time for the child. Adoption Law Firm Anaheim California servicing all of California specializes in processes such as guardianship for families, especially for biological parents who are still able to maintain legal parental rights, but need assistance in caring for the child’s needs at the time. As a guardian, you will not have the child simply dropped off to you for full responsibility until further notice. It is a role that you will play in the child’s life to provide a safe and loving home while providing stability for them during this time. There is also support for you as a guardian so that you do not need to carry the full financial responsibility of the child while they are under your care. Our legal staff at Adoption Law Firm Anaheim California servicing all of California have worked with many guardianship cases and are prepared to help you navigate the guardianship process including the possibility for adoption if that is something that both you and the biological parents agree to, and if the child is under 18 years old.