đź“ŚLegal Guardianship
đź’ĄBig Takeaways:
Legal Guardianship is a legal process that gives legal and physical custody of a child to a designated caregiver.
Legal Guardianship is different from adoption because it does not require a person to terminate their parental rights permanently.
There are two kinds of guardianships: temporary and permanent.
đź“–6 min read
Legal Guardianship is a legal process that gives legal and physical custody of a child to a designated caregiver. A guardian has full legal and physical custody of the child, and is entitled to make decisions about their care. They can provide health insurance coverage, enroll a minor in school, make medical decisions and receive assets or benefits on behalf of the minor.
Legal Guardianship is different from adoption because it does not require a person to terminate their parental rights permanently.
There are two kinds of guardianships: temporary and permanent.
Temporary Guardianship is for a shorter, predetermined amount of time. If you are giving temporary care of your baby to someone outside of your family for more than a few days, you may want to consider setting up a temporary legal guardianship. Each state will have its own process to file such paperwork, and will require becoming involved with the legal system.
Permanent Guardianship remains in place until your child turns 18, unless you go through the process to legally revoke it. Each state will have its own process to file such paperwork, and will require becoming involved with the legal system.
What are the guardianship laws in my state?
Laws, processes, and costs will vary depending on your state. An attorney who specializes in guardianship would be the best person to help you understand your rights and responsibilities as well as those of the guardian, before making a decision. The process may also be different depending on who you choose as the guardian and their relationship to you.
In some states, filing a guardianship petition will trigger an automatic “child welfare” investigation of the parents and the intended guardians.
The intended guardian(s) may need to agree to a criminal background check.
Having a past criminal record does not automatically exclude someone from becoming a guardian. It will depend on the nature of the charge and how long ago it happened. A judge will review the report of the investigator and will be the one to decide whether guardianship is in the child’s best interest.
📢Read more about background checks for potential caregivers.
đź’¬Questions to ask yourself:
Is there anyone in my life who I would trust?
Would they agree to being a permanent guardian if needed?
Would they be likely to pass a criminal background check and investigation?
Are we willing to file court paperwork and become involved with the legal system?
If your child’s other parent is involved, are they in agreement with the plan?
đź’¬Things to Consider:
If you are no longer satisfied with the arrangement, a judge would likely be the one to determine whether a guardianship would end, and would base that decision on the child’s best interest. This does not guarantee you will regain custody of your child.
The baby is likely to bond with the person providing consistent care to them, how will you feel if your baby is starting to bond with someone else?
How do I end a legal guardianship?
Guardianships are much easier to revoke than legal adoptions. The steps to reversing a guardianship agreement will depend on the laws of your state, but in most cases you will need to file a petition to terminate the rights of the guardian with the court. The court will consider what is in the “best interest of the child” when making that decision.
📢Find out the legal guardianship laws in your state here.
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