In cases where a family unit is broken up, it can be important to establish the rights and responsibilities of adults and the children in their families. In this latest post, we’ll showcase our Mendocino County law firm is highlighting the difference between guardianship and adoption.

Guardianship establishes legal relationship

When a person becomes a legal guardian of a child, the law establishes the right of the guardian to make decisions for the child’s welfare and allows the person to take care of the child. Where guardianship applies, it does not impact the rights and the responsibilities of the biological parent for visitation and custody, or for paying for child support. A guardian does not hold the same financial obligations to the child that a biological parent has under the law.

Adoption removes the biological parent’s rights

Under the rules of adoption, the adopted parent becomes the child’s parent under the law. This means they have all the rights and responsibilities of a biological parent and must ensure the child’s welfare is their priority. The adoption rules also set out the legal right of inheritance for the adopted child with the assets of the parent being transferred to the child as requested by the parent. The biological parent has no further rights or responsibilities to the child once the adoption has been completed.

A biological parent must give up his or her parental rights before an adoption can be legally ratified. In some cases, a couple remarrying will attempt the adoption of a child from the previous relationship through working with a law firm in Mendocino County. This is often difficult to achieve given the relationship between the biological parents, and most often guardianship is the best route for couples entering a new marriage with children from their previous relationships.

It’s important to speak with local law firms in Mendocino County before making any decisions regarding legal guardianship or adoption. Our team at Ukiah Family Law has significant experience in this area of the marketplace, and we’re here to answer your questions and guide you through the legal elements of the adoption process. Call us today for a consultation.