Guardianship & Legal Custody
All States: Guardianship & Legal Custody The most significant distinction between guardianship and adoption is that guardianship does not sever the biological parents' rights and responsibilities and the caregiver does not become the parent in the eyes of the law. Guardianship of a child means that a caregiver is responsible for the care and custody of the child. This "guardianship" designation allows the caregiver to access services on behalf of the child that without such a designation might prove impossible. Unlike with adoption, a birth parent can go back to court and ask for the guardianship to be ended and the care and custody of the child returned to the parent.
Legal Custody Legal custody is a similar status to guardianship, but is usually bestowed by a different court that has different procedures. Guardianship is usually granted by a probate court, whereas a family court grants legal custody. Also, the status of "guardian" may often facilitate access to more services and rights than "legal custodian." Consider, for example, how many times one reads or hears the phrase "parent or guardian" without any mention of "legal custodian." It is important to consider the differences among guardian or legal custodian in the state where the relative-headed family lives.
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