What is Guardianship?
Posted on Feb 23, 2016 8:30am PST
Are you taking care of a child who is not yours? Do you have your own teenage son or daughter and now their friend, who comes from a broken home, is living under your roof? Do you wish to take care of your grandchildren while their biological parents are in jail or rehab?
In order for you to do things like enroll the child in school and take them to the doctor, you'll need to establish a guardianship. By doing so, you are creating a legally recognized relationship between you and the child.
Establishing a guardianship does not end the child's legal relationship with their biological parents. For instance, the child's parents are still obligated to financially support their child.
If your child's friend is living with you because they don't get along with their abusive father, her father is still supposed to financially support her while she's living with you.
Adoption permanently severs the relationship between a child and their biological parents. If a biological parent waives their parental rights towards their child, the child can be adopted by another adult, which can be a grandparent, a stepparent, or even someone who is not related to the child.
How long does a guardianship last?
Generally, a guardianship lasts until one of the following events occur:
- The child turns 18.
- The child passes away.
- A judge decides that the guardianship is no longer needed.
- The child's assets have been depleted (this applies when the guardianship was established solely for the purpose of handling the child's money).
If a guardianship is in force and for some reason the guardian can no longer carry out their duties, or they no longer wish to be the child's guardian, he or she may step down from their position, with the court's permission. In this situation, the judge would appoint another guardian if deemed necessary.
Speak with a family law attorney to learn more about becoming a guardian.