Rights of Biological Parents and Legal Guardianship
When discussing the rights of legal guardians and biological parents, it's usually in terms of visitation and involvement between biological parents and the children they relinquished to a guardian. It's important to note that specific laws regarding adoption, legal guardianship and biological parents' relationship with the minor may vary from state to state.
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Overturning of Guardianship
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A guardianship can be overturned by law under a few circumstances. If the legal guardian is found by a court of law to have neglected his legal responsibilities to care and provide for the child, then he may be divested of his guardianship duties. The guardian may also choose to resign at any time before the child turns 18 years of age; however, the court must accept the resignation. Additionally, a child's biological parent may petition the court to have the guardianship terminated, providing that the parent is able to demonstrate her willingness and ability to care for the child.
Guardianship and Adoption
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Guardianship differs from adoption in that the biological parents terminate their own rights for visitation and support when they give their child up for adoption. Legally, the child becomes the heir of the adoptive parents rather than having any legal connection to his biological parents. On the other hand, guardianship does not terminate the relationship between a child and his biological parents, who still maintain legal and financial responsibility for the child, along with visitation rights.
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Permanent Guardianship
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In some states, permanent guardianship status is decided by a court of law if it finds that the biological parents are unfit to have physical custody of the child. Children who are granted permanent guardians are typically in long-term custody of the state. Biological parents do not have any right to petition the court to terminate a permanent guardianship once it has been established.
Other Forms of Adoption and Guardianship
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Informal adoptions occur when a child is adopted by someone without going through the legal means of adopting or obtaining guardianship. As a result, the child does not have any rights to the Social Security benefits or inheritance of her adoptive parents. Those who adopt children informally also have no legal rights to recourse if a biological parent or relative reclaims the child. Legal custody is different than guardianship in that it is granted by a family court as opposed to a probate court. Legal custody is recognized by the court and views the custodian as the primary caregiver and financial supporter of the child. A legal custodian has the same legal standing as a parent for any further custody proceedings, where custody is awarded based on the best interests of the child.
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