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What is the difference between guardianship and adoption?

What is the difference between guardianship and adoption?

There are times when circumstances dictate that the care or custody of a child has to be the responsibility of somebody who is not that child’s parents. Often, this person is another family member – a grandparent, an older sibling, an aunt or uncle, and so forth – though sometimes this person is not related to the child. In general, there are two distinct possibilities when custody of a child is transferred away from that child’s parents and to another – Guardianship and Adoption. In an Adoption, a person or a couple takes over all parental rights and responsibilities for a child, replacing that child’s biological parents entirely. Legally, once an adoption has been finalized the child’s adoptive parents are premanently considered the child’s parents, and they are treated exactly as the child’s birth family. Custody, legal decisions, and inheritance are all treated exactly as they would be in any other family, and the court does not supervise or otherwise intervene in an adoptive parent’s relationship with their adopted child – unless there is some evidence of parental wrongdoing, which is handled the same way as it would be handled if the parents were biological. A guardianship, however, can be more complex. Like an adoption, in a guardianship a child is living with an adult who is not their biological parent, but this person is not legally considered a replacement for the child’s parents. Guardians are responsible for the care and well being of the children in their care, and are empowered by the court to make decisions regarding the best interests of the child, but often guardians are...
Creating a Child-Focused Parenting Plan

Creating a Child-Focused Parenting Plan

A custody and visitation agreement – often called a parenting plan – is a key part of any child custody arrangement. It is a set of stipulations agreed upon by both parents that determine how child custody will be arranged, how visitation will be scheduled, and how decisions about the health, education, and general well-being of the children should be made. These agreements are made between parents, often with attorney or mediator assistance, and when they are fully accepted by both parties, they are signed and sent to the judge to be filed as a court order. It is imperative that your children be your first and only priority when making a parenting plan. During the stressful and emotional times of a divorce, it is tempting to base your decisions around your ex, trying to make them upset or take things away from them, but this kind of thinking is detrimental and dangerous to your children’s well-being. Whatever emotional distress you may be feeling during your divorce, your kids are feeling more, and watching their parents bicker only makes things worse for them. You have to put them first, even if that means making nice with possibly your least favorite person in the world right now. Make “my kids come first” your mantra. When making decisions about your parenting plan, your kids are everything. You should make certain that your plan takes into account your children’s basic needs, such as that they are eating or sleeping well, that they have adequate medical care and coverage, that their education is taken care of, and that they have happy, loving homes...
What is the difference between contested and uncontested divorce?

What is the difference between contested and uncontested divorce?

In many ways, a marriage is can treated like a legal contract, and as a result, when the partners involved in that marriage decide they no longer work as a couple, a divorce becomes a necessity for legally terminating the marriage agreement. In California there are two different types of divorce agreements – those considered ‘contested’ and those considered ‘uncontested.’ The difference between these two types of divorces is, on the surface, rather simple. A divorce is considered uncontested if both parties involved have agreed to all the stipulations regarding their separation beforehand, and neither one argues about any aspect of the divorce filing before it is adjudicated. In contrast, a contested divorce occurs when one or both parties cannot come to an agreement regarding the way in which their marriage should be terminated, and time before a judge is required to resolve any remaining issues, including any disputes over: Child custody and support Division of community property and assets Allocation of community debts Alimony and other forms of spousal support Most divorces are contested – splitting up a marriage is often a stressful time, and many people find it better to settle their disputes in court, with the assistance of legal counsel. By hiring an attorney and bringing their divorce before a judge, divorcees ensure that every aspect of the divorce is presented in open court and both parties have a chance to resolve any problems regarding child custody, division of property, spousal support and any other key issues that arise. In many ways, an uncontested divorce is simpler, more convenient, and less expensive to arrange. The divorce arrangements are made...