Guardianship
What is a Guardianship?
The court gives legal responsibility over the care and protection of a child to someone other than the child’s parents.
Parental rights are suspended (not terminated) while the Guardianship is in place.
The guardian can then provide the child with health insurance, enroll the child in school, receive benefits on behalf of the child, etc.
Who needs a Guardian?
A child whose parents can no longer provide care for him or her for any reason (such as death, military obligation, incarceration or the parent is unavailable or unwilling to parent the child).
What must the Guardian do?
Guardian must take care of the child’s needs including: Shelter, education, medical and dental care, safety, and physical or emotional growth.
The child’s parents are still required to provide financial support in most cases.
Who can be a Guardian?
- Relatives
- Family Friends
- Interested person over the age of 18
The Guardian cannot have been convicted of a felony or adjudicated disabled.
Can a Guardian Adopt the Child?
Yes, the Guardian can start a proceeding to adopt the child and the Court must consider:
- Whether one or both parents have legal custody of the child.
- Whether the child has been in physical custody of the guardian for more than 2 years.
- Whether or not the child would benefit from being adopted by the guardian. (In making this decision the court looks at factors relating to the best interest of the child).
What is the Difference between Adoption and Guardianship?
A guardianship does not end the parent child relationship. It only establishes another separate legal relationship between the guardian and the child.
On the other hand, adoption permanently ends the biological parent’s rights and obligations. The adopting parents become legally the child’s parents with all the rights and responsibilities as a parent. |
