A guardianship is a legal arrangement in which an adult has the responsibility and authority to care for a minor, non-biological child. The legal details surrounding such arrangements can be confusing, especially in how they relate to other childrearing situations, like adoptions. Below are the answers to a few commonly asked questions about guardianships.

FAQs About Guardianship

1. How Is a Guardianship Different From an Adoption?

In a guardianship, the minor child's legal connection with their biological parent remains intact. While this individual may not have any role in caring for the child or making legal decisions on their behalf, they are still, in the eyes of the law, the legal parent, and their role coexists with the guardian's role. In an adoption, the biological parent's legal relationship to the child is usually severed or relinquished, and the guardian becomes the legal parent.

2. What Decisions Can a Guardian Make for a Child?

A guardian has more legal rights to make decisions for a child than someone who is simply an informal caretaker. Basically, any legally binding decisions can be handled by a guardian. Examples include choices about education, finances, healthcare, housing, and religion.

3. Should I Become a Guardian for a Child in My Care?

This depends on the circumstances. If you know the child is going to be with you temporarily, obtaining a guardianship is likely unnecessary. But if the child will be staying long term, or you are uncertain how long they will be with you, filing for guardianship can help you provide the best care possible. In these situations, you are going to eventually need to take the child to a doctor or enroll them in school, and these are things only a guardian or biological parent can do.

4. What Are Some Situations That End a Legal Guardianship?

There are several. The most common factor that ends a guardianship is the child reaching the age of 18. Other factors include a guardian's request to end their tenure and a family law judge's decision to dissolve the guardianship, as it no longer serves the best interests of the child.

If you’re considering entering into a guardianship, get legal advice first. The family law attorneys at The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer in Wahoo, Nebraska, have been serving clients throughout the state since 1893. Call (402) 443-3225 or visit them online to schedule a consultation, and follow them on Twitter to stay updated on legal tips, advice, and information.