Do you know the benefits of child guardianships? Why are they not yet used in the USA more than adoptions?

Question

In cases involving non-relatives, I hear good things about guardianship arrangements from the child's standpoint.

Why would there be objections to guardianships?

What would it take to have guardianships utilized on a wider scale in the USA?

Thank you for your thoughts.

Answer 1

It is an issue of permanency and protection for BOTH the adoptive parents and the child.

If it is a guardianship, it means that there is a 'higher authority' who has ultimate power to make decisions concerning the child, including revoking the guardianship.  The guardian acts at the pleasure of this 'authority' (who could be the state or the birth family).  Meanwhile, adoption is permanent and the adoptive parents are the 'authority' for that child in the eyes of the court, there is no 'higher authority'.  This means that the relationship between the adoptive family and the adopted child is not overshadowed by the feeling of having someone looking over your shoulder(anyone who has been a foster parent knows what I mean).

In terms of protecting the child, adoption is also better.  With a guardianship, because there is a 'higher authority', a guardian can end that guardianship (e.g. 'dump' the child) without consequence.  But, in adoption, the adoptive parents are responsible for the care of that child until they reach adulthood.  There have been several posts on this site relating stories of adoptive parents who have tried to undo the adoption, why would you prefer something that makes this more likely?

Every situation is different, but I would say that in the case of a child needing a permanent home, especially a younger child, adoption is the better solution most of the time.

Answer 2

Guardianships of non-relatives are used in foster care.  Keeping a child forever in foster care means that they never belong, are not eligible for benefits in the event of the guardian's death and once again become the ward of the state.  The worst problem is that guardianship can be overturned, even several years after obtaining it by any immediate family member (i.e. grandparents/aunt/uncle, even if the mother indicated in her will that these folks were unsuitable). Adoption usually can't be overturned, but does need the father's permission.

Answer 3

I think it's because people don't think in terms of what is best for the child anymore

It's all about what they WANT.   It 's really sad

Answer 4

I do not have official guardianship over the young man who lives with me. I do have a piece of paper stating I can get him medical attention if needed. His father was out of state working and he remained in his school living with me. Now his brother was with me last year. That didn't work out. He went back home. This young man had run away from home and when his father knew he was going to be out of state to work he asked me if I would take him as the boy would probably run away again while the father was gone. (It's very cold here right now)

His grades were really bad and he didn't care. In 4 months he has improved his grades, for the first time in his life he is thinking about where he is going to end up if he doesn't get a decent education. His brother's present situation is his greatest motivation, (not a good story) I am so proud.

His father is back from out of state and wants his son back and the young man doesn't want to go. I struggle daily to keep him here. I can get him into Community College or Trade School if he keeps doing his school work. We eliminated 3 out of 5 F's in 1 semister and missed one by 6%.  

Before you say I should not keep him from his family let me explain. They live BLOCKS away form me. They see each other almost every day. This young man does not want to go home he is 16 and thinks he will back slide on his grades and probably run away again if he has to go back there.

My point is I would gladly take kids like this any day. His father is the one who keeps threatening the living arrangement. I don't want babies, I don't want to foster anyone. I just want to get kids back on track and help them finish what they started (school) So far I still have him and another semister has already begun. He will be the only one in decades of family history to go to college if he makes it.

I would take another one if the opportunity came along. My poor husband just shakes his head and says "what ever" he doesn't understand my attraction to helping people but he lets me do it.

I don't know if this is like guardianship but it is working for this young man. His father is torn between having him back and getting him a good education, that's why he's still here. Summer is another story.

Answer 5

Because frankly less people would do it.  Adopting from an adopters point of view is adding a child to your family.  Guardianship does add them, but the threat of having children taken away and returned is always there.  If in fact that is what is best for the child then okay, great, but then less adopters will do it because the loss will be too much.

I would choose adoption or long term foster care over guardianship.

It is like asking a couple "why get married" when you can just live together.  If that is putting "us" before the child, then I guess that is the way it is, or "sad" as Heather put it, but frankly while I agree whole heartedly that adoption issues are about what is best for the child, I think both birth parents AND foster parents have the right to pursue an avenue that will be best for the child WHILE protecting their boundaries and feelings.

Answer 6

This is exactly what some adoption agencies are going after now. They lie, cheat and steal and when they finally understand that no adoption will take place they ask for guardianship. And these sorry people feel that they are doing this in the best interest of the child when in fact this is causing the child more damage.

  How they get to use guardianship you ask? They hid the child for a period of time to use best interest. But who's best interest (NOT THE CHILD"S) but of the couple who couldn't adopt the child.

  Guardianship is good when the parents and the child agree with it not adoption agencies trying  to out wit the  system.

Answer 7

ok

Answer 8

I am in the USA and am a non-relative guardian of 2 boys now 3 and 8. Guardianship is considered permanent but then it might not be permanent. In our case it will be permanent. Adoption is a done deal, forever, but depending on the situation guardianship isn't. The social workers feel its the next best thing to adoption but they think adoption is better for the child. More permanency feeling. With guardianship a child, particularly an older one still feels a connection with bio family. With the guardianship we have, the bio mom can have supervised visits only and we, the guardians can suspend that at any time. The father has a no contact order. All this is via the courts. I don't think I would ever suspend visitation as I never want the children to say I denied them their mother. although the 3 year old doesn't know who she is, just a friend who visits.   Many people I know don't understand what guardianship is.  Some of the objections to guardianship is that being non-relative, we get no funding like foster care payments and the children are totally out of the control of social services. the only help we get is their medical is covered and if I work then we get our daycare paid. We as guardians have total control just as a natural parent would.

Answer 9

Most adoptive parents in the US want to raise a child "as if born to" them.  It would take some mass education to convince most of us that we could include someone in our family and love that person without taking away his or her name and erasing his or her past.

Never mind that stepparents do it all the time....

Answer 10

If i were to take a child into my care an adoption would make them a part of my family, guardianship just seems like long term baby sitting in a way. My fiancee was under guardianship through most of high school, and the person looking after him always threatened to send him back to his parents. Kind of sad.

Answer 11

1st I live in Canada I have guardianship of 8 children aged

8 months, 2 years, 4 years, 7 years(siblings)(same mother different fathers)  and all so aged 22,22,21, and 14(siblings) and with just guardianship the bio parents can take you to court over and over a gain with adoption they only have I believe 1 year to change their minds