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Due to a variety of circumstances, parents might be unable to provide the safe, supportive, nurturing environment for their children. In these situations, family law allows someone else to assume the legal role of a parent, either by becoming a guardian or adoptive parent. While there are many similarities between the two legal states, there are some important differences that might make one better for your specific situation.

What Is Guardianship?

A legal guardian is empowered by the court to provide everything a child needs, including enrolling them in school and making health care decisions. Guardianship is intended to be a temporary situation, allowing someone else to care for children until the parents are capable of providing an acceptable level of care. If guardianship was voluntarily signed over by the parents, they can terminate the relationship at any time.

What Is Adoption?

family lawMuch like a guardian, adoption gives you the full legal rights of a parent, including the ability to make educational and medical decisions for the child. However, adoption is intended to be permanent, so the birth parents’ rights are either surrendered or terminated by the family law court. Once an adoption is finalized, the child becomes a legal member of the adoptive family, with full inheritance rights and the stability they need.

Which Option Should You Choose?

Whether adoption or guardianship is right for you depends on how long the arrangement is expected to last. If the children’s parents are going through a difficult period that might be resolved soon, guardianship might be the best option. However, if you wish to make a child part of the family and don’t believe their parents will ever be able to provide a good home, you might want to consider adoption.

 

As one of the top law firms in St. Charles County, MO, Coyne, Cundiff & Hillemann, P.C. offers effective counsel from compassionate attorneys who understand how difficult family law matters can be. Their team has over 75 years of combined legal experience, which they’ll use to achieve the best possible outcome for you and the child you want to care for. Visit their website to learn more about their family law services, follow their Facebook page for news and updates, or call (636) 561-5599 to schedule a consultation.

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