Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
Menu
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Differences Between Guardianship and Adoption

Posted on in Family Law
  • Font size: Larger Smaller
  • Hits: 334
  • Print

Illinois divorce lawyerAdoption is a familiar term that most people understand. However, guardianship is less known even though it is a popular alternative to adoption. In Illinois and other states, you can seek legal guardianship of a child who is under 18 years of age. Let’s take a closer look at how adoption and legal guardianship are similar and different.

Similarities

If you become the guardian of a minor child, you have the legal authority to act as the child’s part in every area of their life. You are now the one responsible for providing for them financially and making important decisions about their life. An adoption is similar in that it will also provide you with the authority a biological parent would have.

It is important to note that in Illinois, adoptions and legal guardianships are only granted if the child’s birth parents give consent, are incapable of caring for and providing for the child, have passed away, or cannot be found.

Differences

While there are similarities between adoption and legal guardianship, there are also several significant differences. The first major difference relates to the rights of the child’s birth parents. In an adoption, the adoptive parents become the child’s legal parents and their birth parent’s rights are terminated. Termination of parent’s rights is usually done voluntarily or by the court. After an adoption has been finalized, a child’s biological parents cannot reclaim the rights to their child.

A guardianship, on the other hand, does not typically affect the rights of the child’s birth parents. In fact, the child’s birth parents may be responsible for making child support payments and help make some decisions related to the child’s life.

The duration of an adoption and legal guardianship is also different. Legal guardianships are usually temporary arrangements and may be revoked by the court or the birth parents at any time. In addition, minor guardianship ends when a child turns 18 years of age. They are considered temporary caregiving situations.

Adoptions are permanent and an adopted child may benefit from inheritances and other rights that a biological child may have. Adoptive parents also often remain in the child’s life forever rather than just until they turn 18.

Contact Our DuPage County Family Law Lawyers

If you are unsure whether legal guardianship or adoption makes sense for your particular situation, reach out to our experienced DuPage County family law attorneys at Mevorah Law Office, LLC.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=12100000&SeqEnd=14300000

  • DuPage County Divorce Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted