The pros and cons of guardianship of – or being named as the guardian of – a child can be quite extensive. In general, children lose certain adult freedoms, such as the ability to handle their own finances, make health care decisions, and choose residency. While many children can adapt to different living arrangements and eventually make their own decisions, it is important to consider the relationship between the guardian and child.
The primary pro of becoming a legal guardian is the peace of mind it gives the parent. While raising a child is a very difficult task, having help can make the process more successful. The legal relationship with the guardian is permanent and the children inherit from the adoptive parents, unlike when guardianship is granted to a relative. However, guardianship is rarely supervised by the court.
Both guardianship and adoption have different legal implications, but both give a child a stable and loving parent. Although the legal implications of each situation are different, both parents have the same responsibility for a child who is not biologically theirs. They must provide basic needs for the child, ensure proper education, and consent to medical treatment. Although legal guardianship is more expotab costly than adoption, both parents retain parental rights to make decisions for the child.
Another major drawback of guardianship is that it can take a long time and can be stressful. Typically, family members must initiate guardianship proceedings in order to be granted legal authority to raise a child. Additionally, guardianship proceedings can be contested, and can be extremely costly. The court’s oversight can intrude on private family decisions and the guardians are expected to answer to it.
