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child guardianship Archives

Guardianships vs. Caregiver's Authorization Affidavit

When a parent is unable to care for his or her child, it may become necessary to consider available legal options to ensure that the child is properly cared for. One of these options is legal guardianship. Through a child guardianship, an appointed guardian is bestowed with what essentially equates to parental rights, but only on a temporary basis. This allows a child to receive adequate care until his or her parent is once again able to provide for him or her on a full-time basis.

Contested child guardianship and court investigation

Sometimes, for whatever reason, parents find themselves in hard times. Whether this involves financial matters, mental health, substance abuse, or another issue that substantially affects one's ability to care for his or her children, alternative arrangements for the children's care may need to be sought. Although the state, under certain circumstances, may try to terminate an individual's parental rights, thereby freeing the children for adoption, this is considered a last resort. To avoid this outcome, alternative plans exist, such as custody arrangements and guardianship.

Competent legal assistance when dealing with guardianship

Most people, including several experts, would agree that children need stability. Although stability includes having an established daily routine, in a broader sense it also means having a home that is consistent and that can provide them with the safe, loving, and nurturing environment they need. Of course, this stability can occur in many ways, as children can thrive in two-parent households, a single-parent household where sole custody has been obtained, two households through a joint custody agreement, or in an adoptive home.

The risks and responsibilities of a guardianship

Families can take a variety of shapes. While some are strictly biological in nature, others are built through legal processes like adoption. Guardianship is another way for individuals to provide a child in need with a safe and stable home, but many Californians are unfamiliar with the process and what it entails. We hope that this post will help shed some light on the duties that are carried out by guardians.

What are the processes involved in obtaining guardianship?

Throughout California, there is a significant number of children in need of a caring, loving, and stable home. Far too often, for whatever reason, these children are unable to receive such a home from their parents. Although some of these children are adopted by relatives, family friends, or foster parents, that is not the only option available to families. Guardianship can also be considered.

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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