When Should I Choose Between Guardianship or Adoption?

Dallas Lawyers for Guardianship and Adoption Cases

When considering bringing another child into your home and family, it’s natural to wonder which role you should assume: guardian or adoptive parent. Every case is different, necessitating a closer look and introspection into the parties involved, the intended length of the child’s stay, financial stability, and more before deciding if you should be a guardian or adoptive parent.

When Is Adoption Right for Me?

Adoption is only available once parents have either voluntarily put their child up for adoption or there is a longstanding pattern for at least two years of the parent failing to provide support or communication. To qualify, the adult must be at least 21 years old, responsible, financially stable, have passed a background check, and attended and completed all necessary training sessions, references, and applications.

Some of the main differentiating factors and expectations of adoption that adults should consider include:

• Long-term commitment: Adoption creates a new, permanent parent-child relationship only after terminating the rights of the original parents.
• Full assumption of costs: The adoption process can cost hundreds or thousands of dollars before the child is officially under new guardianship. From then on, the adoptive parents are expected to fulfill all financial and personal duties of parenthood at least until the child is 18.

When Is Guardianship Right for Me?

The legal grounds for a new designation of guardianship require significant reason to believe that the parents simply cannot care for the child, such as in the case of imprisonment, disappearance, or death. The person seeking guardianship must file an application with the court, serve the ward, attend a court hearing, and await the judge’s decision.

The key differentiators of guardianship to consider include:

• Temporary commitment: Guardianship allows parents’ rights to be reinstated at some point, making the arrangement, while indefinite, temporary.
• Financial assistance: Guardianship requires the parents to submit a limited guardianship placement plan to be approved by the court, which details their involvement physically and financially in the child’s life during the guardianship. This means the guardian will be given some assistance along the way.

Our firm’s guardianship and adoption attorneys are intimately familiar with the legal processes necessary to welcome a new child into your home and care. Put our experience and knowledge to work for you as we help you identify the right approach for your situation.

If you’re looking to expand your family by taking care of another child in your life, contact Mathur Law Offices, P.C. for help navigating the options available to do so.