Orange County Guardianship Lawyers Guiding Clients Through The Legal Process
In the state of California, guardianships are put in place to provide individuals the ability to watch over a minor in the event that both of their parents pass away or are terminally ill. Other situations where a guardianship may be necessary include incarceration, homelessness, and abandonment or a history of substance abuse in both parents.
When someone is appointed as the legal guardian for a minor, they can become responsible for that minor’s:
- School education
- Safety & housing
- Health Needs
- And more.
As a skilled law firm in this state, we have handled several cases that involve guardianships and have received many questions in the past. Here are some of the most common:
- What is the difference between a guardianship and adoption?
- What are the different types of guardianships?
- Can a guardianship affect your parental rights?
What Is The Difference Between A Guardianship And Adoption?
In an adoption, the child is treated as if they were born to the parents and the parental rights of the birth parents are no longer. With a guardianship, the birth parents have parental rights and can fight for reasonable contact with the child.
Also, guardianships can be ended in the event that the parents are able to care for the child again. In an adoption, the relationship with the adoptive parents becomes permanent.
Another difference is that legal guardians are supervised by the courts, whereas adoptive parents are not.
The last difference is that adopted children inherit from the estate of their adoptive parents, but in a guardianship, a child does not.
What Are The Different Types Of Guardianships?
The different kinds of guardianships include:
- Guardianship of the person – personal care of the ward
- Guardianship of the estate – tends to a person’s estate (property, finances, etc.)
- Limited guardianships – court orders determine the set of powers
- Plenary guardianships – has all powers that are available under state law
- Temporary guardians – certain permissions granted for no more than 60 days
- Successor guardians – follow the guidelines and permissions of a previously appointed guardian
Can A Guardianship Affect Your Parental Rights?
Even if someone has been appointed by the courts to become a legal guardian, the parental rights of the natural parents are not automatically terminated. If a legal guardian has had custody for two or more years, they may be able to file a petition to terminate parental rights.
In these situations, birth parents are typically given permission to visits with the children, but the guardian still has sole authority when determining how long and how often the visits can occur. A visitation order can also be petitioned for by the birth parents. Birth parents can only regain custody if the courts determine a legal guardian is no longer needed.
Let A Top-Rated Guardianship Law Firm In Orange County, CA Help You
If you need assistance obtaining a legal guardianship or want to learn more about your legal options, Sarieh Law Offices is here for you. We are one of the few law firms in the state of California that are specialized in family law, meaning we know what it takes to get the best results possible.
Contact our office at (714) 542-6200 to learn more.