Responsibility For Guardianship Of Minor Child

What is the difference between guardianship and adoption?
Guardianship is not the same as adoption. A guardianship just gives custody of a child to the guardian. Guardianship doesn't take children away from their parents forever. Parents must continue to support their children financially in a guardianship. And, in a guardianship, children can inherit money or get social security benefits from their parents. The children in a guardianship are still related to their parents. The court can let the parents or relatives visit with the children in a guardianship.

Guardianship can last until the child turns 18. Or the court can end a guardianship and give the child back to the parents, or choose a new guardian.

What rights and responsibilities does a legal guardian have?

Guardians are responsible for:

Health Care
You can make medical decisions for the child. You can give permission for most medical and dental treatments, and for counseling or therapy.

But if it's not an emergency, children over 14 can't have surgery unless they agree or you get permission from the court. Sometimes you need permission from the court to give the child certain medicines.

Education
You can choose the child's school and learning program. Pay attention to how the child does in school and meet with the teacher. If the child needs special education, work with the school to write an individualized education program (IEP).

Social Services
You can get help for the child from programs like:

Head Start,
Regional Centers (for children with disabilities),
California Children's Services (for children with disabilities), and After-school programs.

Where the Child Lives
You can decide where the child lives. If you move to a different city in California, you have to tell the court in writing.

If you want to move out of California, you have to get permission from the court. Different states have different laws about guardianship. Find out about guardianship laws in the state you want to move to.

Financial Support
Even if there is a guardian, the parents must support their child financially.

As guardian, you can choose to support the child by yourself, or if you want help, ask for welfare, foster care payments, or other help. The county may try to get child support from the parents.

Marriage
You and the court must give the child permission to get married.

Armed Forces
You can give permission for the child to join the armed forces.

Driver's License
You can give the child permission to apply for a driver's license. You will have to pay for any damages if the child gets in an accident. You must get insurance to cover the child. If you change your mind later, you can sign a form at the Department of Motor Vehicles (DMV) to cancel the child's license.

Child's Misconduct
Like a parent, you have to watch how the child behaves. You can be sued for damages if the child does something wrong. Talk to a lawyer if you are worried about this.

Other Responsibilities
The judge can ask you to agree to other responsibilities. For example, the judge can set up visits for the child with the parents or sisters and brothers.