{"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":"2023-06-08T12:57:16","modified_gmt":"2023-06-08T17:57:16","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
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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

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

This article addresses the basic concepts you may want to know if you consider adoption or guardianship for your child.<\/p>\r\n

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

First, it’s important to discuss family courts’ standard. 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>\r\n

Some factors the court will consider include the needs of the child, including any special needs. The court will look at the ability of each parent to meet their parental responsibilities. The court will look at the physical and mental health of both parents. It will consider the parent-child relationship and whether there are grounds for termination of parental rights for birth parents. Above all, the court will consider the child’s welfare.<\/p>\r\n

What is Custody?<\/h2>\r\n

Custody<\/a> is a legal arrangement that stipulates who maintains and cares for the minor child. This usually happens when parents divorce or separate. Custody is legal or physical. Legal custody<\/a> relates to the parent’s ability to decide for the child. These include your child’s religion, education, healthcare, medical treatment, and medical care. Physical custody refers to where your child lives.<\/p>\r\n

What is a Guardianship?<\/h2>\r\n

If you are a child’s legal guardian, you will have the rights and legal responsibilities to care for the child until they reach majority age. A guardian is the primary caregiver of the child. You or a judge may also revoke this legal relationship.<\/p>\r\n

Parents can be guardians, but guardianship is often set up because a minor child needs someone else to make legal decisions. In guardianship, parents keep their parental rights and parental responsibilities.<\/p>\r\n

Findlaw’s guardianship<\/a> page provides helpful resources if you want to know more about the process.<\/p>\r\n

Differences Between Custody and Guardianship<\/h2>\r\n

The main difference between the two is that custody involves a biological parent. "guardianship" is generally used when someone other than a biological parent cares for the child. This may be a member of the family or a close family friend.<\/p>\r\n

What is Adoption?<\/h2>\r\n

Unlike guardianship, adoption<\/a> terminates the biological parents’ rights. Instead, the adoptive parents have exclusive custody and parental rights over the child. Adoptive families take in the adoptive child and assume all legal responsibilities of the child. After the adoption is final, the adoptive parents become the child’s legal parents.<\/p>\r\n

Adoption is a permanent arrangement and can’t be reversed by the biological parents. Children in foster care may live with foster parents or families, but these are temporary situations.<\/p>\r\n

Adoption or Guardianship?<\/h2>\r\n

As a parent, you ultimately decide whether adoption or guardianship is best for your child. The following table outlines the main differences between adoption and guardianship, which could help you make an informed decision.<\/p>\r\n\r\n
Adoption<\/th>\r\nGuardianship<\/th>\r\n<\/tr>
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  • Severs the legal rights of biological parents<\/li>\r\n<\/ul>\r\n<\/td>\r\n
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  • The legal rights of the parents remain intact<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
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  • Adoption is permanent<\/li>\r\n<\/ul>\r\n<\/td>\r\n
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  • Guardianship is temporary<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
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  • The child can inherit from their adoptive parents<\/li>\r\n<\/ul>\r\n<\/td>\r\n
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  • Guardians must stipulate a provision in their will<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
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  • The parent is relieved of any child support obligation<\/li>\r\n<\/ul>\r\n<\/td>\r\n