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Guardians provide care, support, and hope for children who may have been separated by their parents. If you are the legal guardian of a child you love, you want what is best for him/her, which in some instances, may be adoption.
Guardians who have had full guardianship in place for over 2 years without much communication or support from the child’s parents, may be able to adopt the child. At Corrado Law Group, P.C., we understand that in some situations a guardian adoption is the best possible option for a child. It is our mission to do what is in the best interest of a child, always. Therefore, if you require assistance with a guardian adoption, do not hesitate to reach out to our firm.
Contact our firm online to learn more about our guardian adoption services.
What Is Guardianship?
Under a guardianship arrangement, a child is taken care of by someone other than their parent. This individual is responsible for the wellbeing of the child. The child’s parents still maintain their parental rights in this agreement. However, the court can overturn guardianship if they feel the guardian is no longer fit to care for the child.
Can a Guardian Adopt a Child?
A child’s guardian may be able to adopt the child. He/she will need to petition the court to adopt the child after legal guardianship has been approved. An order may be made by the court allowing the guardian to file for adoption in circuit court. However, a guardian cannot start the process of adoption until the judge has issues an order allowing the adoption petition.
Additionally, the bird parents’ rights must be terminated, whether voluntarily or involuntarily, before the adoption can be finalized.
How Can the Birth Parents Terminate Their Rights?
To adopt a child under a guardianship, both parents must consent to the adoption or have their rights involuntarily terminated by the court. To terminate the parents’ rights, you need to file a neglect petition in juvenile court. The legal parents may have an attorney appointed to them by the court and a hearing would be held to determine if they have neglected the child under the Michigan neglect statutes.
The cost of a guardian adoption depends on your situation. The filing fees and additional court fees cost around $300; however, legal fees vary depending on whether the biological parents consent to the adoption or if their rights must be involuntarily terminated.
What Is the Difference Between Guardianship and Adoption?
Adoption and guardianship are similar in some ways, but also vary in key areas. Adoption is permanent, while guardianship can be terminated by the court if it finds that doing so would be in the best interests of the child.
A child’s parents can maintain their parental rights under a guardianship. However, when a legal guardian adopts a child, the biological parents’ rights are terminated, and the guardian becomes the child’s parent.
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