What is the difference between signing over custody and adoption, if any?

Question

The children I'm asking about are my nephews. what would be the difference in me adopting them as opposed to my sister signing custody over to me?

Answer 1

The second answer is correct.  If you get a choice in the matter, I would try and adopt them, as she may come back later after you have raised the children and want to take them back.  Good luck!

Answer 2

She could sign papers giving you guardianship of the boys but she could take them anytime she wanted. (revoking the guardianship) But adoption is final. You become their legal parent and she could never get them back.

Answer 3

Signing over custody is allowing someone else to raise your child.  The custody order can be vacated whenever the parents wants to get the child back.  Also, the birth parents can still be held responsible for the care of the child if their means permit.

Signing away parental rights is when you sign paperwork that essentially states that you want to forfeit any rights that you have, or ever will have, as a parent for that child.  

Adoption is when another person or couple signs paperwork to assume the parental rights for a child.

The best way to explain this is with the following example:

A child is born.  He eventually becomes a famous child actor.

If his parents signed over custody, they could vacate the order and have the child come back to live with them.

If they signed away parental rights. They can go see his movies.

If he is adopted, he probably walks the red carpet with the people that he calls mom and dad.

Answer 4

Signing over custody is like moving in with your boyfriend while adoption is like getting married.

Signing over custody is just changing who is currently legally responsible for the child and easily changed.  Adoption is more like legally changing parents and is permenent.

Answer 5

Signing over custody allows you to be guardian. Your nephews then can be put under your medical insurance, you can make decisions for them. Pretty much everything a parent would do.  However, ultimately, the parent can get custody back again either voluntarily or with permission of a judge.

Guardianship can be for a temporary period.  If parents are going overseas, for instance, you could legally have guardianship until they return.  Or, it can be long term due to maybe drug abuse.  Also voluntary vs. court ordered.  

Adoption is permanent.  You are the parent.  You can even bar the natural parent from having contact.

Every situation is individual and there may be overpowering reasons why a guardianship is a better choice than adoption and visa versa.  Consult a lawyer (and make sure the parents do as well).

Answer 6

Signing over custody is releasing yourself of the responsibility for the child (or at least for the direct physical caretaking ), while adoption is the acceptance of that responsibility. Typically in order for a step parent to legally adopt a spouses children, the biological parent must sign over custody.

Answer 7

Signing over custody is not premanent as for adoption is.

I went through the same thing with my neices and nephews and I chose the legal guardian route that way the option was always open for my siblings to get their children back. of course after they got them selves together and was able mentally , physically and financially to  take care of them. sometimes that is all a person needs a gleam of hope but i say GOOD LUCK...

Answer 8

Since it is within the family, and your children will know who their mother is i'm assuming, may i respectfully suggest legal guardianship as an option. That way their birth documents are preserved, but you can still have legal rights over them to make the best judgement * assuming she isn't because shes' signing you custody * and perhaps down the road they can either make the choice themselves to be legally adopted by you, or be reunited with their mother and their records will never have been sealed and falsified which happens in adoption.