Guardianship and Adoption

Guardianship

  • A guardianship is when a non-parent gets legal custody of a child.
  • Although the parent’s authority is suspended upon appointment of the guardian, parents retain their rights and may challenge the guardianship in court.
  • Guardianship ends when the child turns age 18, marries or becomes legally emancipated.
  • If the family moves, a guardianship established in California may not be valid in another state.

Adoption

  • The legal act of permanently placing a child with a parent or parents other than the biological mother or father.
  • An adoption order has the effect of severing the parental responsibilities and rights of the birth parents and transferring those responsibilities and rights to the adoptive parent(s).
  • After the finalization of an adoption, there is no legal difference between adopted children and those born to the parents.

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