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child guardianship Archives

Guardianship assistance may be available to those who qualify

Previously on this blog we discussed how guardianship differs from adoption. For many California families, a guardianship makes sense. It allows a child to obtain a safe and stable home while at the same time preserving parental rights. Although most, if not all, parental responsibilities are assumed by the guardian while the guardianship is in place, parents still have the opportunity to try to terminate the guardianship when they feel that they are fit to care for the child once again.

Things to think about when considering guardianship

As we have discussed previously on this blog, there may be times when a California family finds it appropriate to either adopt a child or serve as guardian of a child. In many instances, this occurs when a child's biological parents are unfit or their parental rights have been terminated. Yet, there may be times when a child's parent or parents make the decision that they are temporarily unable to care for the child. In other instances, parents may want to consider guardianship as part of their will in the event that they suddenly pass away.

How can a California guardianship be terminated?

For one reason or another, many California parents find themselves unable to parent their children, or a court deems them unable to do so. In these situations there are essentially two options. The first is adoption, which permanently severs a parent's legal rights to his or her child. The other option is guardianship. Guardianship can give another individual legal custody of a child while a parent is unable to properly care for the child. Yet, it is important to keep in mind that guardianships are temporary in nature.

Pursuing child guardianship in California

Children in California have a right to a safe, secure and stable home. While in general parents usually exercises substantial rights with regards to the care of their child, there are times when the child's needs are not being met, and the parents are deemed unfit. When this happens, a guardian will be appointed to take over the child's care.

How does guardianship of a child differ from adoption?

There may be many reasons why a child's parents may be temporarily incapable of caring for the child. When this is the case, a court in California may appoint a probate guardian to a child. A guardian may gain custody over the child, may be able to manage the property the child owns, or both. However, child guardianship is different from adoption.

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