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Is Legal Guardianship the Same Thing as Adoption?

Posted on: October 30, 2019

Is Legal Guardianship the Same Thing as Adoption?

Whenever possible, the court likes to keep children with their parents. However, sometimes this is not possible. If you are trying to obtain guardianship of a child for whatever reason, it’s important to understand the different terms associated with that. Do you know the difference between guardianship and adoption or the different types of probate guardianship? While it’s always important to speak with a knowledgeable family law attorney, the answers to these frequently asked guardianship questions will get you started!  

Q: Can you obtain guardianship of a child if parents are in the picture?

A: The short answer to this question is yes. However, whenever possible the courts want to try to keep parents and children together. However, if parents are unable to care for their child and cannot fulfill the duties expected of them for whatever reason, the courts may grant guardianship to someone other than the parents.   

Q: What is probate guardianship?

A: Probate guardianship is the different types of guardianship established by CPS. This type of guardianship can be appointed by a family member or can be requested by the individual seeking to be appointed a guardian. If you are requesting guardianship and the parents are still alive, you must prove that one or both of the parents either have a serious mental or physical illness, are being deployed overseas for the military, are going to rehab or jail, have a history of being abusive to the child, or cannot take care of the child for another reason.

Q: Is there a difference between guardianship over a child and over an estate?

A: Yes. Guardianship of the person involves providing food, clothing, safety and protection, physical and emotion growth, medical and dental care, and education for an individual. Guardianship of the estate is different and only needed when a child has valuable assets like an inheritance. This type of guardianship involves managing the child’s money, making informed and smart investments, and carefully managing their property.

Q: Are adoption and guardianship the same thing?

A: Adoption and guardianship are different things. Adoption severs all parental rights and responsibilities. Guardianship, on the other hand, does not terminate the legal rights and responsibilities of the child’s parents. It is important to carefully consider whether adoption or guardianship is the best course of action.

Contact the experienced family law attorneys at Kendall Gkikas & Mitchell, LLP today for help with your guardianship case.

If you are considering pursuing guardianship of a child you will need an experienced family law attorney on your side. The knowledgeable attorneys at Kendall Gkikas & Mitchell, LLP can help you every step of the way. Whether you’re just looking to obtain probate guardianship or full, legal guardianship, our attorneys can assist. We will fight tirelessly to ensure that we put the best case forward for you to obtain guardianship. Contact us today at 909-482-1422 to request a consultation today!

To learn more about the family law services we offer, visit us online at Kendall Gkikas & Mitchell, LLP!

Kristina Kendall-Gkikas
Kendall & Gkikas LLP
143 N. Harvard Avenue, 2nd Floor
Claremont, CA, 91711 USA
909-482-1422