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2 Bumps

What is the difference between adoption and child guardianship?

We are trying to revoke my oldest daughter's rights away from her bio dad. He is more then willing to do this. My husband wants to adopt her once this is all said and done. I was told that doing a Child Guardianship would be cheaper and is the almost the same thing. We (myself, husband, and daughter) want her to have my husbands last name and I don't know if this would let us do this or not. What would happen with my rights?

 
Anonymous

Asked by Anonymous at 6:05 PM on Aug. 23, 2010 in Adoption

This question is closed.
Answers (9)
  • I would ask the bio dad to legally relinquish his parental rights so the child could be adopted and carry someone's legacy. Adoption will ensure educational rights~
    surfcitymom

    Answer by surfcitymom at 7:25 PM on Aug. 23, 2010

  • With an adoption, the biological parents have no parental rights. Child guardianship means you are in charge of the child and decisions for the child. But, the parents still have parental rights.
    specialwingz

    Answer by specialwingz at 6:13 PM on Aug. 23, 2010

  • Guardianship only last for so long. Adoption is permanent. I gave my Mom guardianship once when my kids lived with her. That was for medical reasons. It would only last a year and I could. Revoke it anytime. Adoption is if I wanted to give up all parental rights to my children. After paperwork it finalized I would not have any parental say in their lives. You can change the child's name only in an adoption(I think not sure about that though.)
    dragonlady44

    Answer by dragonlady44 at 6:17 PM on Aug. 23, 2010

  • If you are serious about this, you need to talk to an attorney to make sure EVERYTHING is in perfect order. There are some very specific things that need to be filed for denying parental rights.
    specialwingz

    Answer by specialwingz at 6:17 PM on Aug. 23, 2010

  • Adoption is 4ever so to speak...but Guardianship is tempt.
    TezMoM

    Answer by TezMoM at 6:24 PM on Aug. 23, 2010

  • I do not think that you could give her your Husbands last name with only the Guardianship. You have to have the parental rights of the Bio parent terminated before anyone else can adopt their child.
    hsmominky

    Answer by hsmominky at 6:24 PM on Aug. 23, 2010

  • If the parental rights of the father have been terminated....you can change her name to anything you want it to be. Including Hambone if you wanted it to be that. I can change my son's last name right now if I wanted to. So if you wanted her to "match" your last name you can. In adoption she would be his legally. Which means she would be entitled to all the benefits a child is entitled to. If she was adopted, and your husband died, she could collect his social security benefits and you would get a small amount being the mother of his child. With guardianship she would not be entitled to those benefits.  If you both died and no adoption and no will - she would only get the half that you have from your relationship.  If she was adopted by him she would be his child and receive the full portion of the estate entitled to her by law (and if other children divided among those children as well). 

    frogdawg

    Answer by frogdawg at 7:06 PM on Aug. 23, 2010

  • While there are many benefits adoption affords there are some draw backs. One being that if my spouse died (the father of my child) and I had my new husband adopt my child....what if I divorced? Then my husband could sue and get full custody of my child. That is the risk. He would forever be the parent I have to consult with. My husband and I adopted our child but I have thought about the fact I will never let another man adopt my child should something happen to my husband. I would never risk the chance of not being the person to be there daily or make decisions daily. I would have no problem with any new husband being called Dad and being a role model for my child. But decision making and custody will always be mine.

    frogdawg

    Answer by frogdawg at 7:12 PM on Aug. 23, 2010

  • We want to take away the bio dad's rights and he wants to sign them over. So adoption would be the option? He wants no rights to her at all. He has said this since 2002 and I am finally going to allow it because my daughter wants nothing to do with him. She is almost 10 and knows all about him. He even told her to her face the one and only time he saw her which was in 2008.
    Anonymous

    Comment by Anonymous (original poster) at 6:15 PM on Aug. 23, 2010