Guardianship vs. Adoption 147

Understanding the Difference Between Guardianship and Adoption

You might think that designating a guardian for your children is the same as asking someone to adopt them but legally, the two concepts are actually quite different.

A guardianship does establish a legal relationship between the guardian and the child, but only to the extent that the guardianship permits. There are several different types of guardianship, some of which are very limited and can exist without altering the the rights of the parents.

Even if the guardianship is of the “person”, meaning that the guardian is assuming the day-to-day parental responsibilities, the parents are still financially responsible for the child. Should the parents die without a will, the child still maintains their right to inherit the parents’ estate.

Guardianships are appropriate in cases where a child needs temporary supervision until a more permanent placement can be established. This type of guardian can range from a friend or family member to a foster home or orphanage.

Guardianships are also common when the parents pass away unexpectedly and leave behind minor children that must be cared for. In this instance, the guardians have usually been pre-chosen by the parents and are designated in the will.

An adoption on the other hand, terminates the relationship between the biological parents and the child. If the parents are still living, they are no longer required to provide financial support nor do they have any other rights and responsibilities regarding the child.

Should the parents subsequently pass away after an adoption has taken place, the child will typically have no right to inherit the parents’ estate unless the child was named as heir in a legal will.

Both guardianship and adoption require a formal designation by the court to establish the legal relationship, however a guardianship can be terminated or renewed at a later date while an adoption is considered to be a permanent relationship.

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Discussion

  • Melissa

    I have questions on what is the difference between Guardianship and Permanent Custody? I have a 1 yr old that i have had since birth and would like to adopt. But can do so until i divorce my ex whom i havent been with in over 3 years and he is incarcerated. so i want for child to have perminancy in his life since bio-mother has never seen him and “Poential” bio-father see him once every couples of months since he was 7 months old he was locked uop the 1st 6 months of his life niether one of them help financially “poential fatehr has given 50.00 in food stamps and boght a few toys. So i need to see what works in baby’s best interest till i get the divorce done, i wasnt aware that i had to be Legally Divorced since i havent been with him in such a long time.

    • savanah

      its 2 years later and i would really love to hear how this turned out for you…im in a similar situation,and want to adopt the children..their mother is in their lives but she is quick to ship them off somewhere for months at a time when she feels she cant take care of them…hey are 4 and 6,and have lived in several parts of Texas,California,Ohio,North Carolina,etc….she doesnt pay much attention to them and really doesnt act like a parent at all…the only reason why i came back is because i wont let her send them away..so,im here until i get parental rights…

  • Stephanie Collier

    My brother and his girlfriend are having a baby and they want me to take guardianship on their baby. That is fine seeing as she is 22 and this is her third child my question is can their be a temporary guardianship for a yr to see if they get on their feet?

    • Chauny

      Yes you can. I’m 17 and have gone through 2 guardians. One for a year and a half, and my current one is for 2 years. They require forms to be written giving you your rights, typically (depending on age), the right to make decisions about medical and educational welfare but they can also grant you other rights as long as it’s on paper and signed.

  • Elizabeth

    My husband and I have had legal custody of my blood related granddaughter’s for over 10 yrs and have legally forfeited receiving any custody for them. After 20 yrs he has decided he wants to walk away from our family. Would I be able in a court of law request child support for those children we together have had legal custody of?

    • csed

      In my state, where I enforce child support, it is only concerned with the physical custody of the children, not the legal custody. It essentially “follows” the child(ren). Whom ever the child resides with is entitled to receive child support, whether it be mom, dad, grandparents, neighbor, or the State. If he is legally defined as the one of the custodians of the children, then by leaving he would be considered the non-custodial parent and be required to pay child support. Obviously, he can’t be responsible for the time periods he was living in the home, but anytime he’s been gone he would be responsible to meet his monthly obligation. Go through your states Child Support Enforcement. It’s free.

    • MzDiva

      By “legal custody” do you mean “guardianship” or “adoption”??? Because I help with a lot of guardianship cases with DCF paperwork, the natural parents are responsible for, child support, in my state, and most of the time they are irresponsible leaving all the burden to the grandparents.

  • Big G

    My mother got married after I trun 20 and her and the young man got marred and abopt a little girl for 4 year they had these young child they get a divocer 4 year later that make her 4 the young nad move out and had the adopt. Child. To move with him. Took all legal and physcal right for the these young girl. For ten years now. The child told my mother hedid what anything to do with. Her my mom dead do she inherted form my mother etate with out a will

    • linda moore

      I had a baby when I was 16 years old my parents adopted him when he was 9 years old. My My question is now that I am older (56), and my parents have passed away. When I die will he still beable to inherit my home and belonging’s. I never thought of this as him being my brother, but would like for him to have all my assets when I pass, I have always considered him my son and to him I was always his mom. Do I have to have a will made out or will it automatily go to him since I am hia bio-logical mother. thank you please reply.

      • C W 320

        No. It doesn’t automatically go to him without a will if he was adopted by your mother unless being your “brother” makes him your closest living relative. He has no inheritance rights as your son because legally he is not. You need to make a Will to ensure the he receives what you want him to have.

  • Joe

    My girlfriend of 24 years got legal custody of a child (now 12) about 2 years ago. Recently she unexpectly passed away. She has two grown sons. Since she and I never married, her sons (sadly) inherit our house. My question is: Is the 12 year old also entitled to a share of the house? A third? Does he have any say in the matter?

    • T Sol

      If the child was adopted, then they would have the same rights as a biological child. A guardian ad litem would be appointed by the court to act in the best interest of the 12 yo. However, I assume that the legal custody was an agreement of guardianship which does not allow any rights to guardian’s estate.

      • nb

        My great niece is being put up for adoption, I have only just found out about all this as l have very little dealings with my immediate family. Do l have any rights if guardianship or even adoption

    • jen

      Did you partner pass away with a will? If not, you would personally have entitlements to her estate (especially the home) through intestacy laws. If she did have a will leaving it all to her two sons then you may have a claim via inheritance laws. For you personally i would consult a succession lawyer. For her little adopted daughter, she would absolutely have access to her mother’s estate through the same laws as the two i just mentioned. Good luck with our pursuit and I’m sorry for your loss.

  • Retha

    My neice was mudered in 2005 I have sole legal guardianship of her now 9 yearold son . I am on socical secuity disability,can I put the child on my socical secuity benefits. This was done by the courts and both parents are dead?

  • jen

    Did you partner pass away with a will? If not, you would personally have entitlements to her estate (especially the home) through intestacy laws. If she did have a will leaving it all to her two sons then you may have a claim via inheritance laws. For you personally i would consult a succession lawyer. For her little adopted daughter, she would absolutely have access to her mother’s estate through the same laws as the two i just mentioned. Good luck with our pursuit and I’m sorry for your loss.

  • S.M.

    I have had both my three yr. old and nine yr. old nephews for three years now, and have had permanent guardianship for a yr. None of their parents are chnaging their ways so far, however, their mother just was court ordered into rehab,which will be the 12th attempt. Someone told her after she completes the program she can get the boys back. I spoke with my attorney and they said it would be unlikely for her to get them back unless she could prove them better with her. My husband and I have given them more stability than they have ever had in their lives, and know that their mother and fathers will most likely take a while to get it together. Should I worry about them being taken away, and proceed with adoption, which I have wanted to do, but if permanent guardianship is as good, then I wanted to wait and give the boys the option of being adopted by my husband and myself and changing their names. Any suggestions would be helpful!

  • Obek

    I am married man on roughly 10 years and my wife had a son that was 5 at the time we got married. Just recently, my 15 yr old stepson decided that he should go stay with his biological father because of an unfair ruling I made regarding his dress code. He feels as though I violated his room and felt as though he would be better off with his biological (who has enjoyed his role as weekend dad, a the king of negativity toward his son) father. I miss my son and would like to discuss my ruling more extensively and let him know that sometimes parents can make mistakes also. It doesn’t that my points about his clothing weren’t valid, but I could have went about things a different way. He is in the second semester of the 10th grade and I don’t want him start the habit of running from situations that can be ironed out with patience and communication.

  • Dawn

    I have 2 sons, 12 and 10, from previous relationships each having a different “father.” My 12 yr old has only had minimal contact with his dad and my 10 yr old has never seen his dad, although both pay child support through garnishments. My significant other, the man they call dad, would like to eventually adopt both boys, but cannot at this time. What can I do in the mean time to protect my sons from being sent to live with their “fathers” in the event that, God forbid, something happened to me? I do not want them separated from each other or their other brothers…

    • Shel

      If your state law allows file a petion to give him joint custody with you. I did that for my daughter whose father is in another state and dosent see her. He still has to pay child support but in the event I die she will remain here with her siblings

  • JP

    my sister had given birth to a boy in jan 2010, he was premature with a heart problem that needed surgery 3 days after birth, she never had prenatal care and tested posititve for meth. she also had a son that when she was pregnant with him she went 5 months without prenatal care and was using meth as well. both the parents havent done whats been asked of them by the courts until dec, they havent made any dr appts since the babies last heart surgery in sept 2010. Now the courts are granting them unsupervised visits with most likely reunification in july. how can i protect the well being of the boys and keep them with us

  • Nicole

    i was placed in a foster home about a year ago,after many court dates they obtained permanent gaurdianship. My birth parents still have their legal rights. The foster family is moving to Texas. I am 16 almost 17. if i got my birth mother to sign for a marriage license,could she? Would my foster parents have to know? And would being married in the state of tennessee allow me to stay here regardless of the foster parents wishes.

  • go2green7

    Hello,
    I have a question… I have 3 children(same father on Birth certificate) and am no longer with there father.. my twin boys born in Nov 2010 is when we split up… i am having trouble supporting them on my own.. I love my children to death but want what is best for them, there father is into drugs.. I have no support where i am but have support in another state, i can not just up and move with my children… could i sign over MY custody to a foster family that i trust till i get on my feet in the other state and come back to get them, please take note, there father does not help support them but will not sign over his rights.. I have also looked into adoption for my boys but not for my daughter since she is 2 and has more knowledge of whats going on…
    thank you
    Go2green7

    • Amanda

      Curious what happened with your boys and daughter. My husband and I are going to adopt. We have 2 girls (8,10) and a son (6). Giving your children up is a hard decision but praise the Lord that you want what’s best for them. Just wondered how everything turned out for you.

  • Dale l.

    My wife and I have permanent guardianship of our niece. Her father has never ben in the picture and has not seen or talked to her in over a year. (our niece is now 1 1/2 years old) her mother is on s.s.i and lives in another state and calls from time to time but that is it. My question is if we adopt or foster her, will she still get s.s.i payments from her birth mother. This is the only help we get financially. We would love to adopt her but with three children of our own, the small amount of help we get to raise our niece sure does help.

    • Angela

      You mentioned in your post that the child’s mother receives SSI. I work for Social Services and in my experience SSI payments are a welfare payment and children of SSI recipient parents do NOT receive an SSI support check (unlike RSDI (social security disabilty) payments. Please understand, many people confuse the two terms (SSI disability / RSDI (Social Security disability). IF indeed the birth mother receive SSI as you stated it’s unlikely that you would receive or be able to enforce child support obligation from these state-support welfare disability funds. On the other hand, children of Social Security disability parents often do receive a support check on behalf of the child, and sometimes even an additional amount of child support that is paid but not often. It is also my understanding that under ‘legal court-ordered’ guardianship the parent is responsible for their child financially and could be eligible for the social security benefit payment. On the other hand, if the child is adopted by another party, the the adoptive parents assume all responsibility for the child’s financial responsiblity and forfeit and future support payment for the parent, disability payments, etc. IF the child(ren) have a disability deemed by the state and your household meed the financial and resource eligiblity requirements , you may be able to apply for SSI on their benefits in your state and the child may eligible for a SSI based on their own disability. Good luck with your situationa and I hope that you find a solution that serves best for the children, your family, and your life.

  • lookin 4 answers

    I have a question. I ha a daughter when I wuz 19 and she has mostly live with my mom. When it wuz time to start school she needed some type of guardianship so she could attend schho and other reasons. My mon is a retirement age and she was told that she would need to adopt her so that she can get benifits for here once she retires. Also my daughter is 11 and I have always been in her life. I just wanted to know what would happens if my mother passes before she is 18 what process would I have to follow to get custody back. And her father is not in her life at all.

  • Mommy or Tia

    My brother is slightly slow (Mentaly Retarded) but he has been able to keep a relationship with his girlfriend (also retarded) for the past 6 years. She has 2 little girls a 4 year old ( brothers daughter) and a 6 year old (not my brothers). I’ve helped her with the older one since she was 5 months old and the little one lives with my mom 3 states away. just last year she gave me the 6 year old (just signed an affadavid) saying she didn’t want her daughter to grow up around the influence of her family becasue they have a lot of delinquents in her family. After 9 months I moved closer to her so she could see her mom and mom asked if she could take her for 2 weeks before she starts school. I agreed and sent her but after the 2 weeks I got a call from my sister in laws sister saying that they were going to keep her now because she needs to be with her family so she has been there now for about 2 months. I believe she just wants her so she can get financial help from the state but of course I can’t prove that.
    I was able to talk to my sister in law a little after that and she told me she didn’t want her daughter to stay there but her sister told her she was going to send her to jail if she sent her back to me. I talked to her and let her know she has her rights as the mother so she tells me she still wants her daughter to come back with me and that the child is not happy there. She wants to sign guardianship for me to be able to take her back with me but I’m affraid if her family tries to fight it they will be more likely to get her. I’ve also talked to her about adopting her so that they cant have any say but I’m not sure that’s the way to go. Any advise will help. thank you

  • Mommy or Tia

    My brother is slightly slow (Mentaly Retarded) but he has been able to keep a relationship with his girlfriend (also retarded) for the past 6 years. She has 2 little girls a 4 year old ( brothers daughter) and a 6 year old (not my brothers). I’ve helped her with the older one since she was 5 months old and the little one lives with my mom 3 states away. just last year she gave me the 6 year old (just signed an affadavid) saying she didn’t want her daughter to grow up around the influence of her family becasue they have a lot of delinquents in her family. After 9 months I moved closer to her so she could see her mom and mom asked if she could take her for 2 weeks before she starts school. I agreed and sent her but after the 2 weeks I got a call from my sister in laws sister saying that they were going to keep her now because she needs to be with her family so she has been there now for about 2 months. I believe she just wants her so she can get financial help from the state but of course I can’t prove that.
    I was able to talk to my sister in law a little after that and she told me she didn’t want her daughter to stay there but her sister told her she was going to send her to jail if she sent her back to me. I talked to her and let her know she has her rights as the mother so she tells me she still wants her daughter to come back with me and that the child is not happy there. She wants to sign guardianship for me to be able to take her back with me but I’m affraid if her family tries to fight it they will be more likely to get her. I’ve also talked to her about adopting her so that they cant have any say but I’m not sure that’s the way to go. Any advise will help. thank you

    • Destiny4Daenrys

      I know what your going through and would love to know how things turned out… Depending on state laws, if you are awarded custody by a judge the other family members would have to prove that they can take better care of the child than you can. That includes financial and physically. The fact that you had her for so long is a plus on your side. Please let us know how things turned out…

  • katie

    My brothers called me a week ago telling me she’s pregnant and it might not be his. Well my brother is now denying it till he has proof. After doing caculations all day with my mother we figured there’s a good chance its his. The problem is my brother is 18 and a deadbeat already and his girlfriend is only 16. She wants an open adoption but if its my brothers I offered to take temporary custody of the child. They both agreed. I only want to help out with the child till one of them gets on their feet and finish hs. I want to know what the requirments are in the state to do so. I will be 21 by the time the child is born. I make a great person to do this cause I have a 14mo old and I have everything still for a child. Another concern is money. We are already struggling and I need reasurrance that they can help provide the little things. if this child is my brothers my mother and I agreed we can’t let it go. I don’t want to necessary raise the child if I don’t have to for the next 20 years so I want to know if thiers a away I can get a little support from the parents.

    • beentheredonethat

      absolutely..If this child is residing in your home, then you can file for and recieve child support from both parents..you can contact your Division
      of Child Support Enforcement..Its free, and they will collect the support from the absent parents…in the meantime, you can file for TANF..its not much but it helps..that automatically puts you in with the division of child support, and you have to comply with them, or you can’t recieve the TANF…

  • Allison

    My mother and mother in law have temporary custody of my children and as of now I have to see my kids at a supervision center. If my mother and mother in law adopt them, does that mean I can see my kids in their home? Or does the supervision stay where it is, at the center?

    • jessica

      I let my mom and stepdad adopt my daughter? This is something you really need to think about. Once the adoption is final, legally those are no longer your children. Your mother and mother in law legally do not have to allow you to visit your children. Once my daughters adoption was final and the papers came back finalized, my daughters new birth certificate came with it. I assumed it was changing her last name and that was no big deal. That was not the only thing that changed. My name was no longer on the birth certificate, nor is my name on anything ever pertaining to my daughter. My mom and stepdad are on her birth certificate as her legal birth parents. I always assumed when children were adopted they documents somewhere of the birth parents. In my case there are not. Luckily I have wondeeful parents who allow me 2 c her whenever I want. I really hope ur parents are like mine.

  • Stacy

    My cousin decided she could care for her child and her sister took him in. The sister went to court today to obtain guardianship and was denied for lack of evidence. What kind of evidence does the judge want?

  • grandparent/guardian

    I have had temporary legal guardianship of a grandchild for more than 10 years. My grandchild has always shared time between my home and his other grandparents. The time has come to move up to secondary school and both grandparents would like the child to attend school in the other grandparents district, rather than in mine. The school said the guardianship agreement needs to be edited so that custody is shared between the grandparents.Legal aid told me that guardianship should be changed to custody. My question is, will changing the agreement from guardianship to custody have any repercussions? Will it affect eligibility for health benefits from the state? Would I have to even notify the state? Would the other grandparent have the right to change health care or to make any other such decisions on behalf of my grandchild? In addition to editing the guardianship agreement, could I also have the other grandparent sign something saying that they agree not to alter any part of the relationship between the grandchild, the parents or the grandparents?

  • J.B.

    My partners mom is about to be incarcerated for life. She wants my partner to take custody of her two brothers (ages 8 & 10). Financially I know she can not do this on her own. What are her best options to make sure the boys are taken care of? Should she adopt them or would legal guardianship be the better option?

  • rebecca

    problems!!!!!!!!!!! I have a 12 1/2yr old grandchild that i’ve always raised without any help from her mom she has never lived with her mom maybe spent a nite here and there a total of 4 to 5 weeks in her whole lifr until a month ago when her mom moved her and her sisters which she has lost custody of 3 times and had to get it back.the problem is she told the oldest child if she didn’t like it she would bring her back and now the child is not allowed any contact with me and she won’t bring her back. So i guess what i need to no is if she can legally do that and she has never lost her custody of this child and her father is unknown.Greatful for any help all the child does is cry and her mom only has her to make husband of 6 yrs happy and he don’t work they live of goverment ckecks.

    • Destiny4Daenrys

      Did you have any legal guardianship/custody? I know in my state (ky) there are grandparent rights… It sounds to me like you should take her to family court and try and get some type if visitation. This little girl is old enough to tell a judge what she wants. Good luck I hope it works out I have 2 granddaughters a grandson and a granddaughter on the way, I couldn’t live without seeing them. Again best of luck and please let me know how things are going.

  • frank

    I have guardianship of my granddaughter i have had it for 7 years due to drug abuse of my daughter and father having never been located, 2 years ago my daughter was killed in a car crash and now I would like to adopt my granddaughter so she can attend college free because I’m a 100% disabled veteran how hard and expensive is this also will my granddaughter then loose here social security

  • Barb

    I had left my two daughters with my youngest grandparents (natural grandfather and step-grandmother, youngests father’s parents). Recently my oldest daughter (20 yrs old and living in a different state) was giving a temperary guardianship so that she could take her out of the home. The grandfather does drugs and pops pills that the grandmother is taking. The grandmother is saying since I left them that my oldest can’t do anything and the only thing the grandparents have is a residental guardianship, which allows them to make medical and school decisions for my child. I told my oldest that she is wrong and since her name and my youngest Aunt’s name is both on the guardianship paperwork it is legal and they can go in with the local sheriff’s department and the paperwork and get her out of the home unless I am wrong. The grandmother said that she is going to get a lawyer but if child welfare gets involved which I am afraid might happen, with my oldest having the guardianship paperwork would she get the sister who is 13 now. I live in a different state from both of my two daughters. Please give me advice on what needs to be done and how to do it correctly. Thank You!

  • angel

    My wife just recently filed for dirvorce we were toghther for 9 years married for 4 she had a two year old when we met so I pretty much raised the child we are divorcing so I want to know if after the divorce can I still adopt him so we can have can have joint custody or guardianship she is okay still with the idea of me adopting him

  • Kris

    I have Legal Guardianship over a 15 year old cousin of mine. Her father gave it to me when his wife committed suicide and he could not care for her as she was constantly in trouble and on drugs. I took her in for 6 months and got her off the drugs, he didn’t even show up to watch her open Christmas gifts, and then he decides he is ready to have her back and took her. She is back in trouble, he as well as his 20 year old son living in the house are on drugs, and I STILL have the guardianship. I am scared of one being liable for her actions in their care as well as being responsible for her lack of care, and two for her future well-being and success. She had a .5 gpa when she last lived there and after her semester living with me I had it up to a 2.6 with her. What are my rights?

    • Mechelle

      Was the Guardianship decreed by a court of law? If so, was it terminated by a court of law? If the decree was not signed by a judge and the parent came and got the child then your legal responsibility is over. However if the court never terminated the guardianship or gave the parent back the custody then go get her and take her home. The State can come back after you for anything the child does, you are legally responsible. You might want to check out the classes they have on “Responsibility of guardianship”.

  • Chyna

    can i have my rights terminated due to rape? With first kid i had from raped i stop going to the visits at the agency because if i didn’t i would’ve seriously harmed him… so i stopped going altogether my rights was terminated and he got adopted i don’t know when and really don’t care at this point now for the second kid from raped she never came home from the hospital i didn’t show any instrest in the child i was going to drop her on her head i went only once or twice to the agency to visit her so i also stopped going as well the stupid as grandmother on her father side decided to take her out of foster care instead of letting her be adopted now i,m being charged child support they said my rights wasn’t terminated i don’t understand this bitch in her son his money fucking hungry i have two newborn babies plus a fiance he provides for me and our two newborns like where the fuck am i suppose to get the fucking money from not from my man this money goes to the kids we have now those other bastards don’t belong to him let those low lifes pay for her…how can my rights be surrender i already had a few suicidal attempts i can’t take it anymore medications i wasnt even suppose to be on it left me with so many side effects i just want these assholes to go away

  • WendyMom

    My boyfriend has a 17 year old son that has been living with us for a year and a half now. His Mother has a child from another relationship who is 7. Ten months ago she became very ill and asked that the child come live with us. She was diagnosed with Cancer and was given less than 2 months to live. During this time the childs biological father went to court and asked that his parental rights to the child be removed. The court granted the request. The mother passed away 3 weeks later. She had a hand written will that indicated her request that myself and my boyfriend be Legal Gaurdians to the child. Nothing was ever filed throgh the courts as far as a WIll or Gaurdianship papers. So my question now, besides the obvious of what do I do now….what in this case would be the difference in Legal Gaurdianship over adoption? Is one better off for the child than the other? Thanks for any advice or direction anyone can lend!

  • worried grandmother

    I have legal guardianship of my grandson who has lived with me for 4 years (he is 5). My daughter (his mother) is planning on divorcing the father and I do not want him to become a pawn in the proceedings. Do I need to have legal custody of him? Neither parent wants the responsibility of him and he is very happy with me. If I need legal assistance it would have to be free since I have limited finances. thanks

  • Granny

    I have a grandaughter that is 3 yrs old and my mother has had temporary custody of her since she was 8 months old. The parents are not interested in her and the mother in court during one of our procedings made it quit clear that she didn’t want her daughter. I have a younger son that just loves his niece and is in the process of getting married himself in December. Him and his wife to be both want to adopt her and we are not sure where to begin and what the procedure will cost. Could you please direct us in the right direction? Thank You!

  • Linda Patterson

    I have a grandson who is 3 yrs. old. My son just found out about a yr. ago it was his. He is in DSS Custody. My son was suppose to get him but they founfd the house dirty. Just that one time. It has been in court for about a yr. The DSS has been out serveral times since and so has Meck. county DSS. and have found it clean but they are asking the judge to give the other grandparent perment guardianship. And they have to open cases in Meck. DSSD. for child abuse and their house staying dirty abnd drugs. What can he do? His lawyer is saying to forget about him and that he knows she getting him and he is not fighting for my son. He can not afford to get another lawyer. What can he do?

  • michelle

    my daughter is having a baby soon and she wants me to take permanent guardianship papers out for the baby straight from the hospital and leter adopt. is that possible and will there be any problems with that?

  • JUDI KEETLE

    I HAVE HAD MY NIECE FOR 2 YEARS IN MY HOME SHE WAS FROM A NIECE IN FLORIDA BUT WIYH ME FOR 2 YEARS WE HAVE BEEN TRYING TO ADOPT HER FOR 2 YEARS ALL RIGHTS HAVE BEEN TERMANATED FROM PARENTS AND AUNT THEY KEEP TELLING ME THAT I HAVE TO GO TO CLASSES FOR ADOPTION AND HOME STUDY WWELL THEY HAVE TOLD ME THIS FOR 2 YEARS NOW AND STILL WHEN I ASK THEY KEEP SAYING WE WILL SET IT UP WHT IS GOING ON WE WANT HER OUT OF THE SYSTEM,I HAVE GONE AS FAR AS CALLING OUR GOVENOUR,WE LIVE IN ARKANSAS NOT IN ANOTHER COUNTRY PLEASE HELP

  • nana

    My mom adopted my niece she is 12 yrs old now could she terminate her adoption and give her back to her bio dad ? my mom is 75 years old and cant take care of her what can she due.

  • Shaina

    So, my daughter’s friend, who is 16, is in a horrible environment at home, and I wish to adopt her or whatever I have to do to get her out of the home. Would I adopt? I basically want her as a daughter. If so, what do I have to do?

  • aj2250

    Ok so I live with my great grandparents .. but currently my mom is in jail and my step dad is at home .. my 8 year old brother is currently with my aunt but if my mom dosent get things sraightend out he’s getting put in foster care… would it be legal for my great grandmother to got and adopt him so that he can live with me?

  • Beth

    My mother had legal guardianship of my daughter (since she was 6) who is now 32. My mother passed away last year and now we’re selling the family home that my daughter grew up in. In my parents will which was written back in 1972 (7 yrs prior to my daughter’s birth) it states that any future children whether adopted or biological is entitled to a share of the estate. My brother (the Executor) states that my mother told him my daughter will get 1/5 of a share. The rest of the siblings (4) feel she should be included as a sibling.

  • just a friend

    i have a question i have a friend that has had a lil girl they r fostering 2 months ago the mothers rights were taken these people are wanting to adopt her they have had her for 1 yr this comin may she calls them bith moimmy and daddy and calls me mama she really thinks these r her parents they love her the way she needs to be loved they have a good income are grerat christian people very well known in the community they take the lil girl to church they would do anything for this lil girl she is a very special girl in my life also to me it would be ashame to take her from this loving family they went to court today and they got guardianship of her todaythey have to fill the papers out now for the fatherhe is in a nursing home incompaitated has been there 2 yrs now why he ended up there was he was told he was goin to be given a drug test and he had a heart attack right then and there has has been in the nursing home since no one has came forth for this lil girl and the way he is is the reason they cant adopt her because they cant take his rights away from him but they say he doesnt remember one day to the other any suggestions would be much appreciated the judge told this ccouple that he was glad thety were steppin up for the guardianship for this lil girl and that means they will take care of insurance clothing schooling without any help from ayone

  • rachael

    my husband has a daughter with ex-girlfriend and want to give me guardianship of his daughter does he still have all he’s rights, we leave in Tennessee

  • carol

    HI I AM TEMP CUSTODY WITH MY FRIEND’S CHILD SINCE CHILD WAS 4 MONTHS OLD AND NOW CHILD IS 10 YEARS OLD AND CHILD’S PARENTS DIDNT VISIT THIS CHILD FOR 9 NYEARS AND CHILD’S PARENTS ARE FILING THE DIVORCED AND MOVED OUT DIFFERENTS…CAN I ADOPT THIS CHILD WITHOUT CHILD’S PARENTS’S RIGHTS? HELP ME WITH UR OPTIONS……

  • Stacy

    I just got remarried and I have 3 children, we would like my wife, the kids stepmom, to have some type of legal authority over them, like being able to as there legal guardian. Example, taking my son to get his drivers license when he turn 16, she can not sign right now because she is not a legal guardian. Can you tell me how to go about getting this done.

  • Kelly

    PLEASE HELP WITH ADVICE: My best friend is only 21 with two kids. Her and her ex-husband just recently separated and are going through a divorce. Her ex-husband watches their daughter every other week and she has a job that barely pays so she really can’t take care of her other child, whom is a 5 year old boy, like she should. She has asked that my husband and I take care of him for about a year or maybe even longer. I was thinking about letting him come live with me and my husband and son. what type of guardianship should I get because she still wants parental rights but wants us to take care of the child until she finds a better job and a more established home for them? School starts next week here and we really need to get him settled in if this is going to be a decision that is made. Also, what is the process of getting guardianship over a child? Please advise me on how to go about this so I know whether this would even be able to occur.

  • Olive

    My husband and I want to adopt or take legal custodian of my nephew. His bio father has never been in the picture, and my sister has full custody of him. He is my sister’s first born, however she moved on and married and had 2 other kids of her own. She doesnt have the mother son relationship with my nephew, my nephew has always been in my mom’s care, just temp.. or power of attorney, my husband and I have a really strong bond with him and know we can care and provide for him. My sister is willing to waive her rights and sign him over to us, to adopt, leagal custodian, which ever we can do to make this happen. Does this make it eaiser with court and filing if my sister is willing to wiave her rights and also can his bio father stop this from happening? Any advice or suggestions for best ways of going at this would be much appreciated.

  • bethany

    My ex wife and I were given temporary guardianship of her niece while we were married. About a year later we divorced. I am wondering if my temporary guardianship is voided since we divored? My ex had put in the divorce papers that we have joint custody of her niece, but she is the legal guardian of her niece. We never legaly had joint custody just temporary guardianship.

  • http://yahoo tk ellis

    We have raised the child from birth and have had custody since birth also. He is now soon to be 11 years old. Now the mother (bio) has stated she wants him back with no job, no insurance. She did not see him at all this summer and she got married in Apr 12. She has onlt seen him maybe four times since being married. Since being back in school she has wanted to see him more, a lot more. She told me and my wife and the pastor that we were doing fine and she would never ask for him back. This has changed and she wants him back. He is getting in the middle and trying to do the right thing at his early age, but the mother is starting to get extremely furious/raising He– to get her way. So we are letting her see him over the weekend every other one and she now wants to see him more during the week and we have seen a sign of him getting confused. So we have said no during the school week. Comments

  • niki

    If someone has had permanent custody of a 4 yr old family member most of it’s life and has forfeited child support from biological parents, how difficult would it be to seek adoption? Is there a time that needs to pass of the biological parents not trying to get the child back before this is allowed? Could it terminate the guardian’s rights to the child if bios rights are terminated since they are all related?

  • elizabeth

    I done adoption papers on a baby then two weeks later we find out there her step dad had gaurdionship of him so he takes him from us is there change that we can get him back since both the mother and father signes the papers

  • annette

    I have four grandkids that I have been raising since they were all born. My daughter signed her rights away years ago. The two fathers of the kids don’t have contact and have drugs problems. I have guardianship but now want to adopt. The ages of the kids are bewteen 10-5yr. state of Texas.

  • irine

    Hello! I’m 21 and I have two daughters 3&4 yrs of age. We are marshallese from the Marshall Islands. I lived with my daughters father while I finished school. His aunt and mother both took care of them while im at school. Year later of all the abuse my daughters dad gave me, my father sent me to the states in order to get away from the cheating and abuse. It was a last minute flight and had no time to prepare passports and such for my daughters. Now, the aunt calls me asks me to sign an adoption paper for the little one so she can be in their social security. I planned on bringing my daughters to state for school and to be with me. I dont want to loose or give them up. Is it my fault? What shouldnt and should I have done? What should I do? I have planned on visiting them in the marshall islands but not tell them when I leave so I can just take them. I’ve asked the aunt and mother that I’ll go and get them but they told me straight no. Is my plan wrong?

  • jenn27

    My cousin is 27 and she have 3 kids already that she is having problems taking care of them well she just found out she is pregnant again and she.don’t know who the father i…. She ask me to take full custody of the bsby im in the state of Alabama what procedures should we start before the baby is born

  • so confused

    Got the guardenship of my two nephew 4 months ago,my question is?the boys are on social security survivor benefits from loss of there father passes away from cancer,bio mother is my niece.she gave them to me.if i want to adopt them will they lose their father benfits?and the mother giver her premission,who do i get help with this?do i have to pay?

    • Destiny4Daenrys

      The children will not lose their benefits… If you have limited income legal aid in your state may be able to help. For an adoption a lawyer is pretty necessary. In my state (Kentucky) the entire adoption process cost about $1500.00. Hope this helps :-)

  • Tracey Linn

    I live in California and Ive had legal guardianship of my niece for almost 4 years. Her mother is deceased and her father lives in Hawaii. He does not initiate communication with her of any kind and does not exercise any type of visitation with her. He also does not support her financially in any way. Is it an option for me to adopt her? If so, does he have to give up his paternal rights or agree to the adoption?

  • Mia

    My daughter has lived 18 years with my parents. I moved out of their home when she was 3. I visited every week and tried to take her with me once I was established when she was 4. My entire family made me feel awful for wanting to take her. My mother and father were so angry and hurt that they left the house when I came for her. They had my grandmother to tell me that they would die if they couldn’t care for her. She is 18 now. Now, my father wants to adopt her so that she can go to college for free since he is a 100% disabled vet and possibly get a check for her. I truly love my daughter and my husband claims her as his own daughter. We have 3 children also. I don’t want to terminate my parental rights because I love her. Sorry so long, but any help is appreciated. Thank you.

    • bluedog

      Your daughter is 18 years old. Technically and legally you have no ‘parental rights’ because she is now legally considered an adult. If you truly love your daughter, allow your father to adopt so she can have a PAID tuition and an opportunity at a better life with a good education. You can still love her and maintain a good relationship. Stop being selfish and do what’s right for her.

    • FRED

      money can be repaid, but adoption is forever!

  • Marie

    I have a friend that is having a baby in march and she is wanting me to care for her child…Meaning to keep and raise her for life!If I adopt or get custody does it matter if I myself receive asst from the state for myself and my 2 kids?Should I do gaurdiandship,custody or what should I do so this child is cared for?And I do work!thatnk you so much

  • Ann

    My sister and her husband were killed in an accident while I was babysitting their 18 month old daughter. The only other relative is my 80 year old grandmother. There is no will. Am I automatically my niece’s legal guardian? And what must I do to adopt her legally? Thank you.

  • http://none Michelle

    My son’s girlfriend is 17yrs old living in Tennessee is not happy with guardian. A lot is going on there with that but wants me to obtain guardian for her. Is this possible? I live in Florida. My son is 20yrs old and ask me to help them. If he marries in the state of Tennessee can his girlfriends guardianship be terminated if she marries? Please help

  • Eleni

    My husband and me are looking to adopt a baby from Greece. We have lawyers involved but we are having a hard time finding out if we can bring the baby here. What is the difference between Guardianship and Adoption. Do we have the same legal rights? Will the child be on our Medicare Card? Will we be known as the parents of the child? Please help

  • Michelle

    I live in Delaware county. I was wondering if there’s away that I can adopt my granddaughter withput getting a lawyer? I have custody of my granddaughter through court. My granddaughter is 2 1/2. I been raising her since she was born. My granddaughter’s father hasn’t seen her since she was 3 months old, My husband and I are the only mom and dad that she knows. THe judge took her fathers rights away. When I was awarded custody. My granddaughters father never showed up for court. That was 2 1/2 yrs ago.

    • artsluck

      There should be a non profit legal aide association to help you.. Please call child protective service to guide you..

  • Alisha

    My husband and I have been a kinship placement family for my niece and nephew for almost a year. The birth mother ( my sister ) is about to have her rights terminated. They are asking informing us that we have to choose between guardianship and adoption. I am at a loss for words over everything that has been going on. I am not sure what to do or which route to take. I have been trying to find support groups online just to vent but have had no luck. So I thought I would post here when I came across this site.

    • Destiny4Daenrys

      You can vent to me… We are in a similar situation. Adoption is the best route it makes the child legally yours (new birth certificate with you and husband as the parents) you have alot more rights as the adoptive parents. The bio parents cannot try to take the child from you, there are alot more gray areas with guardianships as far as rights are concerned… If you read this post comment back and I will give you my FB page info, it’s always nice to have someone to talk to…

      • Mary Taylor

        I Am In A Similar Situation. mary9@Skyviewmail.com

      • lacy

        where do you go to get actual adoption, how much is it?, how long does it take?

      • klashell

        I’m in a similar situation. How do I go about adopting. I have guardianship but the mother will be able to come and take the child at anytime. She hasn’t made an contact in the last 9 months but I worry that she might. pls contact me at klashell@hotmail.com

    • Katrina

      I’m looking at adopting two children. They belong to my father who adopted me. They are in foster care. They don’t give help now with kinship. They did draw a check from social security from him. Does anyone know if they would still be intiled to that if they are adopted?/

  • twiggy

    hi, im almost 19. ive been with my boyfriend(20) for over 2 years. his cousin had her baby 18 months ago. the parents are unfit and my biyfriends family have threatened to call cps, but nothings changed. i would love to adopt her, mainly because of her obvious health issues that arent being taken care of. any suggestions on how to go about this?

  • RENEE

    I AM ILL AND WOULD LIKE MY SISTER TO ADOPT MY 4 CHILDREN IN THE EVENT OF MY DEATH.THEIR FATHER PASSED AWAY 2 YEARS AGO AND THEY RECEIVE SURVIVOR BENEFITS ON HIS BEHALF.THEY WOULD ALSO GET SOME MONEY FROM A LIFE INSURANCE POLICY ON MY BEHALF.LEGALLY I HEARD THAT THE CHILDREN WERE ENTITLED TO NOTHING FROM THE BIOLOGICAL PARENTS IN THE EVENT OF AN ADOPTION EVEN IF THE BIOLOGICAL PARENTS WERE ALIVE OR DECEASED. .IS THIS TRUE OR WOULD MY CHILDREN STILL BE ABLE TO RECIEVE THEIR SURVIVOR BENEFITS AND INHERITANCE IF MY SISTER WERE TO ADOPT THEM????ALSO WE LIVE IN CA AND SHE IN COLORADO HOW MUCH DIFFERENCE IN THE LAWS ARE THERE BETWEEN THE TWO STATES REGARDING THIS MATTER?

  • michiganmomma

    Ok… My nephews were taken away from their father today by their mother’s father. From what I understand, he only has guardianship of them until my brother forms a better track record for himself. My nephews are 2 years old, twin boys who reside in the state of Colorado. I, myself, live in Michigan. I am looking into information to possibly adopt them and get them away from everything bad that is in their lives. I do want my brother to continue to be a part of their lives but they need stability and lots of love from a mother, which they no longer have. Does anyone out there have any suggestions on what I should do? Or since we live in two different states, which state I should file an appeal for to receive a guardianship pending adoption?? Anything will help at this point! Thanks!

  • katya

    My name is Katya am from united kingdom i married for 25 years but no child to call my own my mother in-law was calling me all kinds of name i prayed for God to give me a child i did every thing i could do visit many doctors to no what is wrong with my body system but the doctor said nothing is wrong with me then i said to my self what is wrong,a friend of my said to me that i should adopt a child at the first time i never want to do that but things was not easy with me i cook and eat alone no child to eat with me i was living in the dark,so one day i make up my mind and i said to my self i want to adopt a child i discuss it with my husband and he refuse that at the first place after few months my husband called me and he said he needs a child and he is nothing getting any younger,that was how we visit BABY CENTER AGENCY to adopt a child we love him and his name is kelvin,kelvin came to be part of our family we take him as our child we adopt him when he was just only 5 months,so after 3years God did a wonderful thing in my life i got pregnant at the age of 40years i later gave birth to a child,as i speak to you all the is viewing this my testimony about BABY CENTER AGENCY i have 2 biological children a male and a female include kelvin so what am trying to say now is that is good to adopt children God uses children to bless us,and a child brings children to the home so if you need a child for adoption then contact BABY CENTER AGENCY with this email: babycenteragency@outlook.com but always have fate in the lord thanks be to God for my life am telling you now that you will celebrate and have every reason to thank the lord our God,thanks to you all.

  • Sgt Rock

    Both my wife and I take pain meds, She for chronic fibromyalgia and rheumatoid arthritis and myself for Rheumatoid arthritis, and shoulder spondylitis and traumatic injuries as the result of combat. I am totally and permanently disabled and retired for the same from the military. We are in the process of adopting our 5 year old grandson who has been with us since birth. Are the taking of these meds going to prevent the adoption?. We have never been “high” or ever abused our medication. Our state is Florida. Some reassuring news would be Godsent. Thankyou

    • Concernced grandparent

      Have you received any answers?

    • IslandGirl

      Sgt Rock, I lived in Florida for 23 years. If you get the best lawyer in your area you might have a chance. They might give you specific orders as to medication safety or urine screenings. However most judges side with family vs foster care. If you haven’t already won, best of luck to you both!

  • Destiny4Daenrys

    I’m hoping you can help me with a SSDI question. My husband and I have been taking care of our niece who is now 10 months old, both financially and physically. We have never received any money or help of any kind which is how my brother and sister in law as well as my husband and I. She has our last name. I receive SSDI my older children were able to draw off my benefits until they were 18. My question is can the baby draw off of me also? And is just custody sufficient or do we have to adopt her in order for her to be considered my dependent? The bio parents have no interest in ever taking her back and are willing to give up their rights. Since you work for SSA I thought you might be able to help me with this question, she is technically my dependent it what does SSA require for proof? Thank you so much for your help I have looked endlessly online and can’t find a definitive answer… I really hope you reply and thank you so much!

    • Cryingcary

      I am going through the same thing in Illinois. I have had custody of my grandson since birth for12 years now, and I am now on disability. I found out today, I can not receive my disability payments for him unless we adopt him. Apparently, at least in Illinois, none of this is as easy as it should be. Even though all parties are in agreement for the adoption,you still have to pay for the full adoption. There is no winning, at least not for us, adoption is very expensive, no matter how you do it and we promised him we would have his adoption legal by. now, we have raised him as our son 100%, and love him as my own, it is sad when the state makes something so simple so difficult. Good luck to you. Again this is Illinois law, every state may be different.

      • Drake

        Hi i just want to pass on some helpful information im in the process of adopting my grandbaby and i receive social security also if u ask the courts county clerk for a waiver form u can ask for all fees to b waived and they will take consideration ur finances and waive ur fees they did it for me i hope this is helpful for u

      • Guest

        Same here in Washington state. My brother will never sign his right over for me to adopt his boys, whom I have card for for 4 years. It’s a shame, we would have a MUCH better quality of life if I could add them to my SSD…………..

  • Destiny4Daenrys

    Sorry all my post didn’t go to the lady who works for SSA, so if anyone can answer this please please help so much. My question and explanation is in my last post. Sorry I’m a newbie. Thanks for your help!

  • Tifine

    My mom has physical custody of my children they get survivor benefits from their dad she does nothing for them or me with that money I’m on ssi and I still buy everything for them she kicked me out because she said she don’t need me tellin her wat to do with my kids money they receive 1600 altogether she has a good job she’s just in debt from her previous marriage she paid for my sisters schooling and wedding and uses their money for her husbands car note I can’t take it anymore she buys nothing for them and if she does it comes from the thrift store I gave them to her for stability but I now see she only asked so she could get their money she talks to them as if they’re not children could I get their benifits cut off being that I still have my rights?

  • Alexandra Vasiliou

    Hi there,I am Alexandra and I am Greek citizen,i leave In Greece with my aunt who is an American citizen and she is 84 years old,she is widow(her husband was officer inAm.army).She wants to adopt me(Both my parents are passed away),so I am orphan,I am not married, not have children,no work,nothing and I am already 52.Please tell me what I must do ,to to make it happen.Thank you very much for your time.I am waiting for your answer……

  • monroe

    can u adopt a child at the age of 83

    • Joanna k

      Are you serious they will never let you adopt at 83 after 45 they give people a really hard time I’m sorry but you have absolutely no chance at adoption in the USA sorry

      • bluedog

        Joanna K – are you delusional? You’re answering these people’s questions without a shred of knowledge. Please go back to watching Oprah and stay off the boards.

  • monroe

    is it legal to leave your 7 year old child in full care of a 83 year old?

  • Orchid

    My sister died two and a half years ago. Her husband died this March. He made arrangements for their children to live with his half brother. The brother has a copy of a will that says the children go to him. The children are in no immediate or extreme danger but I am not happy with their living conditions. The Aunt and Uncle are never home and they don’t take proper care of them. At best they are like really bad baby sitters. The 21 year old cousin has hit my 11 year old nephew, on more than one occasion. The nephew asked his 15 year old sister, if she thinks the Aunt and Uncle love them. I feel as though, they shouldn’t have to ask that question. My sister and I were really close. We have always treated each others children, as though they were our own. My niece and my nephew have both told me that I am the closest thing that they have to a mother now. It’s been over six months since my brother in law died. The Uncle didn’t hesitate to file for social security benefits and get the insurance money but he has yet to go to the courthouse to petition for legal guardianship. The kids have come to hungry, saying there was no food to eat there (on more than one occassion). The kids have also come to my house with bug bites from head to toe. My fear is that if I pursue gaining custody of them, and fail to do so, being denied contact with them. Any advice?

    • Joanna k

      If your brother in laws brother has legal custody of those kids it is so difficult to get a judge to change that order unless you can show neglect or abuse if you are in fear of the kids safety you need to call child protective services an file a complaint if the kids are old enough to answer questions the social worker will speak to the kids if they tell the social worker that they are being neglected not fed or abused they will remove the kids from the house but they might put the kids in foster care till they check YOU out to make sure that you are fit to raise the kids not always but sometimes but since you are the kids aunt there is a good chance they will bypass foster care and let the kids stay with you till a judge decides what is best for the kids n the judge will ask the kids where they would rather live you have a great chance if you can show the kids aren’t safe with him good luck

  • mjfox

    OK I have permenit custody of two of my grandkids. Dose the parents still have rights to them?

    • Catherine Carrasco

      No for sure,i have the same

    • bluedog2384

      It would be hard for the bio parents to prove they are fit and it’s in the best interest of the children to take them away from you, but it is possible. Unless you have legally adopted them (in which all parental rights are terminated) there is a small chance they can get them back if they’re proven to be fit. Good luck.

  • lacy

    I have had my grandson since birth , he is now 12 years old. I have permanent custody and parental rights. He has always used our last name, but it is not on his birth certificate. How can I get his birth cert name changed?

    • bluedog

      It’s quite easy to do. Go to your local courthouse (in the county in which you reside). Go to the circuit court and ask for the documents. Fill out a bit of information (such as names, addresses, etc.) as well as the reason for the name change. Return it to the circuit court. They will charge a fee (my county charged me $56). The judge will sign the petition. Once the judge signs off you can return to the courthouse to pick-up the official document. Be sure to get plenty of certified copies. Everyone wants the certified document to make the name change (i.e. doctor’s office, day care, school, etc). I can only tell you Kentucky laws regarding modification of birth certificate. I had to mail the certified copy to an address in our state capitol and request a change on the birth certificate. I found the address on the internet. In a few weeks you’ll receive the updated birth certificate in the mail. Don’t forget to change his Social Security info.
      Good luck!

  • MrORGADO

    I HAVE 3 DAUGHTERS TWO BIOLOGICAL ONE BY GOD, BLOOD, SWEAT, TEARS AND PAIN IS MINE WITH ALL HEART. HOWEVER HER BIOLOGICAL FATHER CAME BACK INTO OUR LIVES AFTER HER 8 YR OF BEAUTIFUL LIFE. EXPLAINING THAT HE WANTS TO BE A PART OF HER LIFE AS HE HAS ALREADY MISSED SO MUCH OF IT. FIRST OFF.. HE REQUESTED A PATERNITY TEST. THEN .. AFTER HAVING HER VISIT HIS WIFE AND DAUGHTER(HALF-SISTER) NOT HIM. HE WAS ALWAYS AWAY, BASICALLY LEFT HER LIFE.. AGAIN!! AND OBVIOUSLY DID MORE DAMAGE THAN GOOD. NOW MY POOR BABY FEELS REJECTION AS A THREAT TO HER LIFE, AND IS VERY EMOTIONAL FOR THE SMALLEST THINGS. SHE IS NOW 10 GOING ON 11, I KNOW THAT WE ARE ALSO GETTING A FULL BLAST OF HORMONES AS WELL BUT MOST OF HER HEARTACHES COME FROM REJECTION I KNOW IT.. BEFORE HE RUINED THINGS.. SHE KNEW SHE WAS MY BABY AND KNEW I WAS HER DADDY.. I SHOULD HAVE DONE THIS A LONG TIME AGO. I WANT TO HAVE HER NAME CHANGED TO MINE, BUT I DONT KNOW THE PROCESS AND WHAT I WOULD NEED TO DO. CAN ANYONE HELP ME FIND MY FAMILY’S SOLUTION, HE’S NEVER PAID ANY CHILD SUPPORT AND WE NEVER NEEDED IT. I JUST WANT HIM TO GIVE ME BACK MY BABY THAT HE STOLE FROM ME, FIGURATIVELY SPEAKING. I FEEL THAT IN CHANGING HER NAME TO THE REST OF OURS SHE WILL FEEL MORE ACCEPTED AND NOT AN OUTCAST OR BLACK SHEEP OF THE FAMILY. I LOVE HER TOO MUCH TO LET ONE ASSHOLE RUIN HER LIFE. I NEED TO PROTECT MY BABY FROM HER OWN MONSTERS LIKE I AM SUPPOSED TO.

    • Joanna k

      You don’t need anything from her father if you want to change her last name you CAN its the same process as if you wanted to change your first name it’s 250.00 and you can legally change her name just like that you don’t need her fathers permission or anything it’s very easy

      • bluedog

        Not sure what state Joanna is from, but things are a bit different in KY. I just went through this process. Go to the courthouse (in the county is which the child resides), go the circuit court and request the paperwork. Fill out the forms with a bit of info – names, addresses, reason for request, etc. Return the completed paperwork to the circuit court. My county charged me $56. The judge will sign off on the petition – usually within a few days. You’ll return to the courthouse to pick up certified copies of the name change authorization. Get plenty certified copies (you’ll need them for doctor’s office, school, social security cards, etc.) In Kentucky, I sent one of the certified copies to the state capitol (address and info found on internet .gov ). They’ll send you anupdated birth certificate with new name. Good luck!! One more thing… in Kentucky they required the bio father to agree to the name change since he was an established parent. Look at the current birth certificate. Who is the father listed as? If it’s unknown, you should be ok.

  • VJAR

    i am from GA. A young girl (12) who is the bio sister of my daughter’s
    friend is under temporary guardianship. Her bio mom died three years ago
    and her legal guardian has left the country and placed this girl with a
    friend who has temporary guardianship. this girl;s bio dad has not seen
    her in a very long time. His rights have not been terminated, but he
    only has supervised visitation due to arrest and conviction for drugs
    offense. this girl reports to me that she is extremely unhappy with her
    living situation. her temp guardian has a man whom she is not married to
    living in the home. this man does not have a legal or biological
    relationship with this girl. this man has been arrested for drug charges
    and possibly convicted. this man shares a bio child with the temp.
    guardian. the home is unkempt. the girl has braces but has not seen an
    orthodontist since before Thanksgiving 2013. she also reports that she
    has no health insurance and is not seeing a pediatrician. she reports
    that the adults in the home use drugs and manufacture and sell drugs.
    she reports that the man living in the home has placed cameras around
    the home to notify if police come. this girl says that she has never
    been hit, has food to eat, clothes to wear and shelter, she is attending
    school. the guardian is contentious when allowing this child to visit
    her bio sister and grandmother. grandmother is afraid to make waves
    thinking guardian will stop all visitation and the man might cause harm
    to them if they report drug involvement.
    My husband and I have
    completed foster to adopt training and are certified in GA. We adopted a
    foster child 8/11 and have two other adoptive children since birth.
    this child”s sister spends quality time at our home. Her sister was
    adopted by their grandmother after their mother died. The guardian who
    left the country and transferred guardianship to her friend, is the
    child:s bio maternal aunt and has had legal guardianship for some time.
    The child reports that this aunt has ceased communication and she is
    pretty sure will not return to regain guardianship. I am unsure of when
    the temporary guardianship terminates and have been told by grandma it
    is within the next three months and that the child is also in DFCS
    custody although she does not recall a caseworker, the child does have a
    guardian ad litem. This child craves a permanent family and home and
    has asked us to adopt her. We are willing and would actually be a great
    fit. I am experienced in dealing with and helping grow, develop, heal
    and find medical and community resources to aide a child who has been
    through trauma and inconsistency in family love and care. i would make a
    complaint to CPS, but promised the girl that I would investigate the
    possibility of her being placed in our home before doing so. She and her
    sister are very afraid that this child would end up in foster care with
    strangers. I am hoping that her situation is unstable enough that our
    family would have a good chance of having her placed with us for foster
    to adopt placement. This child though unhappy and feeling as if she has
    been forgotten says she is in no immediate physical danger and would
    stay where she is than risk being placed with strangers and moved even
    further away from her sister and grandmother. In our family there would
    be a strong connection with her bio family and we would be committed to
    that connection if it continues to be in her best interest. please
    advise. I am attempting to find out more about her guardian’s and is
    very close to making a decision of whether or not to make a report to
    CPS. Is the word of a child enough to get DFCS to investigate that there
    are drugs in the home, or would I need to find more concrete evidence?
    Thank you.

  • Torn

    My daughter and her husband have guardianship over his biological nephew who is 4 years old. They go to court next month about permanent custody of the child because the father is unknown and the mother is in jail. My concern is, their marriage is rocky. This child loves my daughter unbelievably as she does him. So what if they get custody of this child and their marriage ends in divorce? The child is biologically her husbands nephew, not hers. Her husband would never be able to care for this child on his own…to put it politely he is not mentally capable. Would my daughter have any rights to this child?

  • Mary Carmen

    I’m in the process of adopting 2 kids, suddenly after a year that the kids are living with us the biological father who is in drugs appears and is fighting for the custody. I need help please

    • bluedog

      I know you must be stressed out by this but no worries. The court is NOT going to give any child to a druggie! You need to find and offer proof of your accusations.

  • alooman

    I’ve had guardianship of two children for 9 years and plan on adopting them now the grandmother is threatening me to take them from me neither child wants to be taken away or leave my care ones 14 and the other is 13 will the courts take them from me both children are pretty scared and I try to re assure them that everything will be ok does anyone know if im giving them false hopes .There grandmother has no real relationship with them ant help would be more then appreciated. Im very scared of losing my babies

  • amanada23

    i recently had a love spell cast on my partner last week after we both had a misunderstanding that almost lead to divorce and i was about losing my husband so a friend of my Natasha advice me to quickly order for reunite love spell that will make my husband change his mind from divorce which i did contact ekakaspelltemple@yahoo.com after the casting of the spell i receive a call from husband apologizing to me on what happened i can’t thank you enough Dr ekaka you are indeed a god gifted spell caster.

  • Ann Chapman

    Im looking for help! I have custody of my nephew since birth, he will soon be starting school, he has been with my brother for some time now,do to my health, was wondering how I go about changing his last name,or signing custody over to him?

  • Just me 17

    I’m a17 yr old male and I receive social security benefites from my adoptive father who is disabiled I would like to go live with my biological mother who doesn’t have any legal rights to me would I still receive my benefit check as long as I’m still in school not living with my adoptive parents who are my biological grandparents

  • Christina Culver Richards

    Help!!! So my husband and I want to take custody of my cousins children (they are in dcf care now) But they wont let me because of the breed of my dog. other than that we passed everything else with flying colors. My dog is an amstaff aka pittbull. She grew up with my children and loves all ppl. and our vet gave her a glowing recomendation, But my question is: Is there any way to get custody of the kids without going through dcf?

    • Kay

      do you care more about the children? or the dog? simple question. simple solution.

  • concerned sister

    Missouri. My sister is raising her three grandchildren (10, 14, 16) because their parents are unfit. However, she has never received legal guardianship or anything like that. Their parents just dropped them off years ago and left. Their parents visit from time to time, but has never taken the kids back. My sister has put them in school and has been their sole provider. My sister now has stage 4 lung cancer. I am trying to find out how I can get custody of the children without going through their parents should my sister pass. The kid’s parents wouldn’t sign anything because they would use the kids as weapons to get what they wanted.

  • Grandma P

    I have received full guardianship and custody of 3 little girls via DHS and the State due to neglect and endangerment by the mother. I’ve raised the 2 smaller ones since they were babies anyway. How do I convert the Guardianship to Adoption? The g-aunt and mother are threatening me and to kidnap the girls and take them across 6 different State Lines.

  • Laura Richardson

    HELP I live i Pa and my ex is in Fla.He has custody of them we shared parental responibilities.He wont let me see or talk to them.He got remarried a few years ago had w Two kids with her.The house they luve in is in forclisure set to be sold this August.Neither one of them work and probably have no place to go.I was told that it would take months to years to get custody of them so i have asked my parents if they would petition the fla courts to take guardianship of them while the custody issue is goung on.How do i do this sine we luve here and my girls aged 12 and 13 are in fla.I am determuned to not let my children live on the streets (He did that to me for 2 yrs)Can someone out there help me, I have no money for an attorney went thru legal aid they are no help.I am DESPERATE TO HELP MY CHILDREN Thanks Laura

  • GOOD NEIGHBOR

    MY DAUGHTERS FRIENDS DAD IS DYING AND WE WOULD LIKE TO TAKE HER IN . wHAT ARE THE STEPS THAT WE NEED TO DO BECAUSE SHE HAS NO FAMILY THAT WANTS HER. sHE HAS TOLD US THAT HER DAD HAS TOLD HER SHE WILL GET SSI BENIFITS IS THAT TRUE AND CAN SHE RECEIVE THAT IF SHE IS 16 YRS OLD? pLEASE HELP AS TIME IS RUNNING OUT.

  • G.A.

    help me please! i don’t know what to do my sister past away from cancer a year ago and left 4 kids (24 and 19 years old) from her first merriage and 2 from her last (4 year old girl and 6 year old boy) my niece and nephews father move in to live with a lady after 3 months of my sister pass away so i just find out the this lady is been giving sleeping pills and nyquil for adults to my 7 year old nephew and the sleeping pills are prescribed for one of her sons. so because my nephew can’t go or stay sleep she decide to gave him this med. they just need love and attention and i’m sure that some therapy will help him to. please help me, what can i do?!

  • kiko

    my wife is the legal of her niece . what responsibilities do i have ? if any ?

  • christina white

    so i am needing a little help. i am a solider for the Army. my brother is fighting to get his baby but the court will not legally give it to him. i want to try and adopt him. is it possible? what would i have to do?

  • lyssroush25

    Im hoping I can get some answers …my husband and I are moving back to florida but my 8 year old son wants to stay in new york with my mom because hes already made friends and hes doing really good in school. Do I have to sign over gardianship to her or can I just write a noterized letter stating that I give her permission for medical and school use …what should do

  • Pam

    My Husband Left in December.My Cousin Is 16.He Was 3 Years Old When We Both Legally Took Over Guardianship.Im Paying Medical ,Cloths,Food.He will Not Pay Child Support

  • ebony

    If my brother adopted my daughter how long does he suppose to help take care of her by law

  • Mamma of 4

    I am amazed at this feed. I have been so frustrated myself over custody issues. In January my husband and I accepted guardianship of two children for a family friend (we didn’t know her but she lived with my mother in law and was my sister in laws friend). Once we got the kids she took off to TX and it turns out to have gotten pregnant immediately (just had the baby last week). Our goal was for her to have a chance to get herself together for the children and get them back. Over that time my husband and I as well as our two children have tried to find the balance of loving them like family but still keep in mind that someday they may leave. None the less the mother in all the 9 months has had no job, schooling, or positive life changing experience. I don’t want to raise someone else’s child as my own and I have been 100% up front about that. I am curious as what point we could apply for adopting them. I don’t see the mother getting into a place that she could provide for three children let alone have the money to remove our guardianship but adoption is the only way to have a guarantee of that.

  • Shelby

    My husband is paying child support and recently his son’s mother passed away and his son wants stay with his grandmother and it’s ok because my husband don’t want to remove him from his grandmothers care but now how can my husband sign over guardianship to her without the court and lawyers fees?

  • NeedAdviceOnGuardianship

    I really need help, my husband and I are going to court because he is a legal guardian for his ex-wife’s nephew. We still provided his necessities however recently slowed down as we are expecting our first child. Now his ex is filing for $400/ month child support and visitation rights on my husband is that even possible? The child lives with her and we have asked her for him to live with us so that we may take care of him but she denied it more than once. She claims that her jag told her she could file for it however our jag stated it’s not possible as the child is of no relation to my husband and doesn’t even live with him. We have a pending court hearing and just wondered if anyone could help with knowledge on guardianship? Would it be wise to just relinquish the guardianship? And seeing as she refuses him living with us and wants to keep him doesn’t that make her completely responsible for him as we barely get to see him?

  • Andersonn

    I have had my brother for a year now who is now 14 and i am 21, we are going thru adoption now. Willl i be able to get any kind of ssi benifits to help take care of him?

  • Needa

    My brothers are adopted and the case is finalized, is there a chance that I can adopt them?

  • Alexis McGrath

    If my brother gets legal guardianship of me before I’m 18, can I be put on his insurance?

  • steve

    adopted a boy in 2007, now found out he has 3 yr old sister in foster care. need help to figure out how to adopt her to our family soon

  • IslandGirl

    I am 32 tears old. My Father adopted me when I was 2 and my bio Dad surrendered his rights. That legally made him my FATHER blood or no blood. It is the best thing that has ever happened in my life. He is the true definition of a Father. For him, it wasn’t ever about money or child support(he was paying support for a biological child until I was 18.). All he cared about was me having his last name and being able to call me his real Daughter. I would recommend adoption to anyone,anywhere. It tends to step up peoples emotions and feelings for the child to levels they could not imagine having, had they not adopted THIER child. I have complete respect for my Father because he wanted me to be his when my bio Dad didn’t. How does everyone here feel about adoption? Yes, adoptions cost money but there are also things we can do to save money or find assistance. How does anyone feel about communities drawing together to make an adoption happen (financially)? Or perhaps someones religious support system?
    For those of you that love your child (whatever the relation) the way my Father does and can not afford to adopt them “God Bless You”! and I hope the above mentioned suggestions or someone elses ideas will help you make your child legally yours. Best of luck to you all !

  • Georgia

    If a child’s parents both passed and put the child’s Aunty as the legal guardian in the will. but the aunty has passed and they have no more living relatives, can a family friend adopt said child straight away? Or will it take time? Or is it illegal considering another name was put on the will? please help

  • rick-cal

    I live in texas my wife and I have took custody of her 4 sibilings going on 2 years and just got a court date. I work and my wife is a stay home mom with our 1 year old child. I’m wanting to know what help will we get after the court is done or what is it that we need to do for help. I need information!

  • ashmita singh thakuri

    My brother is alcohalic and His girl friend is a brothel and spends her day and night being around different boys every day, my brother and his girlfriend broke up and now ny brother is in different country and doesnt care about his daughter and my niece is living with her mother and her life is so messed up living with her mom who sleeps with man and leaves her daughter outside house playing dirt. My brothers girlfriend often rings my house and tells my niece to talk with me and tell how bad her condition is and meep asking for money for my niece school fee and food. No other relatives are ready to take care of my niece as she lived with me for 4 years when i was in nepal and looked after her but its been 1 and half year i have been in uk and my niece condition is gettinv worst. I am scared what if one day other man who comes to their flat might rape my niece when people are drunk and her mom might sell her for money. I want to bring her to me but i have no clue how can i bring her. Please Help Me….

  • Mr

    I have legal guardianship of my niece whose father (my brother) recently passed away. My niece now receives survivor benefits from her father’s social security benefits. Can I also take the dead beat con custodial mother to court for child support or will that interfere with the survivor benefits my niece is receiving.

  • Danielle Bernas

    I have a question, my nieces maternal grandmother currently has temporary concurrent custody. She does not let me or my mother (their paternal grandmother) have anything to do with the. She hangs up on us and doesn’t allow any contact. This is very upsetting to me and my mother because we have a right to be in their lives. My brother is in and out of jail and fighting a drug addiction. But that isn’t our fault! It’s almost like we are being punished for his actions. My mother lives in Louisiana and I live in Florida, in the same county as the girls. What can I do? I mean my mom can’t afford to fly down here and go to court to fight for grandparents rights and since I am only their aunt I don’t know what rights I have. The girls are 4 and 2. the 4 year old has my brothers last name and he is on the birth certificate but not the youngest since he was incarcerated when she was born. Someone please give me some advice!!! Thanks in advance.