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Difference Between Guardianship and Adoption

Parent or Guardian


When it comes to a child, you hear this phrase quite often: “parent or guardian.”  What is a guardian?
A guardian is when someone other than a parent is given legal authority to care for the personal and estate interests of another person, usually called a ward.  There are three main scenarios where a guardian may be assigned.
  • Guardianship of an incapacitated adult
  • Guardianship of developmentally disabled adult
  • Guardianship of a minor
​

What is Guardianship?


Guardianship of a minor may happen for different reasons.  It could be a situation where both parents were hurt or even killed in an accident.  In most cases, guardianship is often sought in cases where the parents are unable to care for the child or provide a safe and stable home environment.  This might be the case if a parent is somehow incapacitated due to an illness.  In many cases it is related to cases where there are reports of domestic violence or child abuse, or of one or both parents have an alcohol or substance abuse problem, or if one or both parents have been incarcerated after commission of a crime.

Guardians can be someone who knows the child, such as grandparents, aunts and uncles, or even friends of the family.  In other cases, the guardian is registered and known by the state. They may be called any time of the day or night to receive custody of a child due to an immediate need or be assigned by a court after a hearing.
​

How Does Adoption differ from Guardianship?


​While, under certain situations, a guardianship may become an adoption, there are major differences between the two.
In a guardianship:
  • The parents still have parental rights and may request reasonable contact with their children
  • The court can end a guardianship if the parents become able to care for their children
  • Guardians may be supervised by the courts and have their homes inspected for safety concerns
In an adoption:
  • The birth parent’s rights are legally ended
  • The legal relationship between the adoptive parents and children becomes permanent, and is legally identical to that of a birth family
  • An adoptive child is able to inherit from adoptive parents in the same manner as a birth child
  • Adoptive families are not supervised by the courts.
Courts will consider removing a child from their parents if it is in the best interest of the child.  The courts will make sure that a child is being raised in a safe, and stable environment and will opt for a legal guardian when the parents are unable to provide the proper care and environment required by law.

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  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
    • What is a Request for Order Hearing?
  • Resources
  • Contact