If you are currently caring for a child that is not related to you biologically and you have no gone through the formal adoption process, then you may be aiming to become that young one's legal guardian. Guardianship is different from adoption, because a guardianship establishes a legal relationship between a child and an adult that is not listed as that child's parent. This arrangement does not end the child's relationship with biological parents that may still be alive but be unfit or unable to care for the child.
In a guardianship, the child's biological parents are still required to provide financial support for the child, whereas that obligation is transferred to an adoptive parent in the event that the adult decides to go through that process and obtain legal parental rights of the child. If a biological parent dies without a will, a guardianship determines that the child has automatic inheritance rights. If a child is adopted into a different family, those inheritance rights may be terminated. Families with large fortunes may specifically request that their child be put into a guardianship rather than adopted. This way, he or she can best benefit from the family fortune. Adoption also permanently chances the relationship between the child and adults involved, whereas a guardianship does not.
While guardians don't typically have a financial responsibility for the child in the care, a guardian does have the obligation to take care of the child's personal needs. As well, the guardian is obligated to provide shelter to the child and make sure that the or she is getting an age appropriate education at a school or through private tutoring, In addition to this, the guardian is responsible for medical care and medical decisions. A guardian may also provide financial management for a child's assets unless a guardian of the estate is appointed to take care of this job themselves.
A guardianship can last until a child turns 18 and is a legal adult, or until the child dies if they do not reach the age of 18 before this time. As well, if a child's assets are used up and the guardianship was set up solely for the purpose of handling the young one's financial dealings, then the guardianship will end at that point. If a judge determines that a guardianship is no longer necessary, this is another reason why it may be terminated. Even if a guardianship remains enforced, a guardian may have the right to step down after gaining permission from the court. There may be times when the judge will need to provide another guardian for a child, but in some cases the entire relationship may be terminated.
If you are currently caring for a child who is not your own, but you do not want to obtain a guardianship, then you will want to discuss this with an attorney. Chances are that if the child will be in your care for longer than a few months then you will need to obtain a legal guardianship. If now, then you will not be able to register the child for school, obtain benefits on the child's behalf, or arrange for any medical care with the child. You will also not have any right to provide care to the child if the young one's parents want him or her to come back =even if you believe that those parents are not capable to provide care for the child.
If you have specific reasons that you want to avoid guardianship then you will want to discuss these with the court. For example, if you know that the child's parents would not consent to a legal guardianship or believe that filing for legal guardianship is going to start a battle for legal custody, then you will want to explain this to your attorney. This sort of situation is frequent when there are step parents involved. As well, if you are a caretaker and don't want to be investigated by the court or a court-appointed investigator, then you may want to try to try and negotiate with the courts regarding your guardianship options.
Some adults may try to raise non-biological children without any legal court authorization, but you may end up running into problems in the future. Your decision to create a legal guardianship may also be contingent on what state you live in. For example, if you live in California you have the right to enroll a non-biological child in school and make medical decisions on that child's behalf without ever discussing the arrangements in court. Talk to a local family lawyer to determine the best route for you to take regarding options for guardianship.