A legal guardianship is a less permanent alternative to adoption and, unlike an adoption, is handled in probate court. A guardian is responsible for the well being of the child and/or for the child’s estate, but the birthparents’ parental rights are not terminated. During the course of the guardianship, the legal guardian(s) essentially take the place of the parents as they are afforded all the rights and responsibilities of the biological parents through the legal guardianship. Legal guardianships expire automatically when a child turns 18 years of age or can terminate by court order before then.
Establishing a legal guardianship requires a petition with the court that involves lots of paperwork. After the guardianship paperwork is filed, a court investigator will likely interview you, the child, and the child’s parents if they are alive and available. The investigator will then make a recommendation to the judge. The judge will review the case and decide whether to appoint you, usually after a hearing. The court must find that the appointment is in the best interests of the child.
