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A divorce, an unexpected death, or any number of other circumstances can make it impossible for a parent to care for their child. In these situations, the courts employ a variety of tools to ensure that someone has the legal authority to give these kids the support they need. While there are some similarities between child custody, guardianship, and adoption, there are also important differences, especially in the way they impact a parent’s rights.

Custody Arrangements

Child custody issues are most common in court cases, but they also come up when the Department of Family and Children’s Services removes a kid from your home. In either scenario, the parent or organization is granted the right to consent on behalf of the child and make decisions about their upbringing, health care, and education, but you’ll still retain some of your parental rights, so they could be returned to you if you meet certain requirements.

Guardianship

guardianshipObtaining legal guardianship is a lot like gaining custody of a child, but it’s generally considered a more permanent arrangement. In general, the courts will only reverse the decision if you can show that the guardian is no longer able to provide the care, financial support, and protection the child needs.

Adoption

Unlike custody and guardianship, adoption is a permanent arrangement in which someone legally becomes a child’s parent, with all the legal rights and obligations that come along with it. If a child is adopted, the birth parents lose all of their rights, and usually can’t regain custody.

 

The Hildebrand Law Office PC is a legal team dedicated to helping parents and children throughout northwestern Georgia navigate the complexities of family law. If you’re facing questions about guardianship, custody, and your parental rights, visit their website to see how they can help, and follow them on Twitter for more legal advice. If you’re ready to schedule a consultation, call their office at (706) 638-6009.

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