Practice Area

Adoption By Guardian Attorney

Adoption by Guardians Attorney Ventura County, California

A legal guardian is a court-appointed person who takes over responsibility for the child and has the duty
to ensure quality upbringing of the child. Many children are being raised by guardians who have been
appointed by the court to provide the care, support, and nurturing that an absentee parent cannot
provide. Legal guardianship is defined by a court order that states someone who is not a child’s parent is
responsible for taking care of the child. A legal guardian has most of the same responsibilities and rights
a parent would have. Guardians are often relatives, and grandparents top the list of relatives who bring
children into their homes to care for them on an ongoing basis. Having said that, guardians want to make
sure the children are raised in a safe environment for the rest of their lives. They want what is best for
them, which in some instances, may even be adoption. This process of adopting a child you have
guardianship of can be full of technicalities. An adoption by guardians attorney in Ventura County, CA can
help you better understand the law on adoption prevalent in California.

Factors determined by court during an adoption by guardians

If a child’s guardian petitions the court for the adoption of a child in their care, the following
requirements must be satisfied:

  •  One or both parents do not have legal custody of their child
  • The child has been in the physical possession of the guardian for at least six months.
  •  The court finds that the child would benefit from being adopted by his or her guardian

How can a guardian adopt a child?

When a guardian adopts a child, it is usually in the noted and willful absence of the biological parent.
That biological parent has, by his or her actions, indicated to the child that the child is unwanted. The
guardian who becomes an adoptive parent effectively says to that child, ‘I choose you. But in certain
cases, guardianship is often pursued due to the parent or parents’ physical or mental illness,
commitment to jail/prison/rehab, a history of being abusive or absent, or some other circumstance
making them unable to care for the child.

Various timelines apply when a guardian seeks to adopt the child or children in their care. Depending on
the circumstances and reasons for the guardianship, a child’s guardian may be able to request an

adoption as early as six months after placement or may be required to wait three years. Each case is
different and turns on its own facts.

What is the adoption process for legal guardians in California?

Assuming the guardianship of a child from biological or legal parents to permanently adopt a child can be
an intricate procedure. To exercise your adoption right, you must comply with California law on
adoption. The adoption process is a series of steps that are elaborated below:

Completion of home study

In any adoption, the process includes the step of the investigation, that is, the home study, where all the
details of the adopting parents are checked by the guardian for the child’s safety. This investigation is
conducted by the California Department of Social Service after the adoption process. In this case, being a
vital step, the home study is the turn that takes adoption further ahead.

Parental consent

It is essential to take consent from both the child’s biological parents before the request for adoption is
sent to the court.

Termination of parental rights

There are a variety of measures that are considered before the finalization, such as the termination of
the parental rights of birth parents or legal parents. These rights are transferred to the adoptive parents
with all due responsibilities of the child.

Post placement visitation

Once the child is sent home, there is a six-month process of post-placement supervision where you are
kept under supervision to analyze the best interest of the child.

Final adoption

Once you pass the post-placement supervision of six months, the adoption is finalized, and the child
finally belongs to you with all the rights and responsibilities transferred to you.

Consult with our firm today

hinking of becoming legal parents from guardians? Want the reward of this life-changing experience of
adoption? Our firm can fulfill all the legal requirements for you. To have a hassle-free adoption, you can
always look up-to our adoptions by guardian attorney in California. The experts at our firm can walk you
through his taxing process without much difficulty. To have a successful adoption, contact the best
adoption lawyers in California at (805) 639-0600 or email the firm.

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