If a loved one is no longer able to care for their child for any reason – whether because they passed away, they’ve been incarcerated, or they can’t have custody at the moment for another reason – and you decide to take over care of their child, you’ll have a few options. At Kendall Gkikas & Mitchell, we can work with you to help you decide what’s best for your child. Read on to learn about the options and then call us at Kendall Gkikas & Mitchell to set up an appointment.
Adoption is one option
There are two main options: taking over guardianship and adoption. When you adopt a child, it completely terminates the rights and responsibilities of the child’s biological parents. Adoption completely wipes out and nullifies all parental rights. They cannot request visitation and you will not receive child support from the parent. This is often the choice if the parents of the child are deceased or if the new guardians want to make sure that the parents are not going to come back onto the scene.
Probate option is the other main option
Probate guardianship isn’t like the type of guardianship you’ve seen set up by Child Protective Services. It can be established by you seeking to be appointed guardian or another family member can move forward with having you named the guardian. Whoever is requesting the change in guardianship has to establish at least one of the following is true of at least one of the parents:
- Must go to rehab for an extended period of time.
- Have a problem with drugs or alcohol.
- Have a history of abusive behavior.
- Are an active military member and must go overseas.
- Are going to jail or prison.
- Can’t take care of the child for another reason.
When you become a probate guardian, you can make both financial and legal decisions on behalf of the child. In most cases, a probate guardianship provides for both the physical guardianship of the child as well as their estate.
The difference between guardianship of the person and of the estate
Though you’d likely have both, there are differences between the guardianship of the person and guardianship of the estate, and each has its own unique responsibilities. A person providing guardianship of the person must provide all of the following for the child:
- Security and protection
- Medical care, including dental and vision
- Food
- Growth, both physical and emotional
- Clothing
- Education, including provisions for any special needs
- Shelter
On the other hand, guardianship of the estate, which is typically only need if a child has a large inheritance or other valuable property, requires:
- Management of the child’s financial accounts.
- Management of the child’s property.
- Reasonable investments.
If you have a child in need and aren’t sure if adoption or guardianship is the right choice, then you need to speak to a family law firm. At Kendall Gkikas & Mitchell, we have years of experience and are ready to walk you through this challenging time. Call us today at 909-482-1422 to set up an appointment.
