Guardianship Versus Adoption
Legal guardianship is a court process by which a person other than a parent is given custody
of a child, or is granted authority over a child's property. If the
court appoints you the legal guardian of a child, you will assume some
important duties in caring for and supervising the child.
adoption severs the existing parent-child relationship between the child and the
natural or biological parents. The adopting parent(s) then assume the
Understanding the Differences
Although a legal guardianship suspends a parents' rights and obligations,
it is only temporary. The parent is likely to regain custody of the child.
A legal guardianship will not have any impact on the child's relationship
with other relatives.
On the other hand, when an adoption occurs, the adopting parents assume
all of the legal rights and responsibilities of parents. Adoption does
not preserve a child's inheritance rights from the natural or biological parents.
Some other important distinctions between guardianship and adoption include:
- Adoptive parents have a duty to provide financial support for the minor
- When a child is adopted, his or her natural or birth parents don't
have the duty to support the minor child(ren)
- Once an adoption occurs, the natural or birth parents have no further rights
or responsibilities concerning the child, even visitation (unless there
is a post-adoption contract)
When a legal guardian is appointed, however, none of the above are true.
The guardian has no financial support duties, but birth parents still
have support obligations and parental rights, unless these rights are
terminated in additional steps of the guardianship proceeding.
Find Affordable, Compassionate Help
Whether you need a Los Angeles guardianship attorney or an adoption lawyer
in L.A., at Castellanos & Associates, APLC we can fully explain the
differences between these two processes, and even discuss alternatives
to a legal guardianship appointment. With
more than 40 years of collective
family law experience, our dedicated attorneys are qualified to help you. See how our
Spanish-speaking advocate can help you through any
child custody matter.
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