{"id":351644,"date":"2019-10-28T13:59:40","date_gmt":"2019-10-28T18:59:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/guardianship-vs-custody-vs-adoption.html"},"modified":"2026-07-16T12:57:00","modified_gmt":"2026-07-16T17:57:00","slug":"guardianship-vs-custody-vs-adoption","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/guardianship-vs-custody-vs-adoption.html","title":{"rendered":"Guardianship vs. Custody vs. Adoption"},"content":{"rendered":"\n
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Guardianship vs. Custody vs. Adoption<\/h1>\n\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Guardianship, custody, and adoption are three different legal arrangements that determine who can care for a child and make decisions on their behalf. Custody usually involves a biological parent and covers both decision\u2011making authority and where the child lives, while guardianship gives a non\u2011parent temporary legal responsibility without terminating parental rights. Adoption is permanent, fully transfers parental rights to the adoptive parents.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The terms guardianship, custody, and adoption are three terms frequently used in family law. Each represents a different way to ensure appropriate care for a child, depending on the underlying circumstances.\u00a0<\/p>\n

This article addresses the differences between legal guardianship, custody, and adoption. Keep reading to learn how the law addresses these routes to caregiving and parenting, how to prepare, and more. You can also consult an attorney near you<\/a> for targeted legal advice. Whichever pathway to parenting you choose, your attorney can guide you through each step of the legal process.<\/p>\n

The Best Interests of the Child Standard<\/h2>\n

Family courts make decisions in the best interests of the child<\/a>. This means the court will consider several factors in the child’s safety and well-being. The court uses this standard when determining the custody of the child or whether to grant legal guardianship. The court also considers this standard in the adoption process.<\/p>\n

Some factors the court will consider include:<\/p>\n