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Kansas Adoption Attorney Explains The Difference Between Guardianship and Adoption in Kansas

Kansas Adoption Attorney Explains The Difference Between Guardianship and Adoption in Kansas
May 30, 2015 LS_admin

It is very common for people to interchange or confuse adoption and guardianship when it comes to caring for a child. Both are very similar in their goals and responsibilities, however their main differences lie in the rights afforded to the person who is granted guardianship or adoption rights. Knowing the best interest of the child and what is most appropriate given the circumstances can help you assess which option is the best choice for you and your family.  An attorney who is familiar in both areas of guardianship and adoption can also help you walk through what type of care you are seeking for the child and what options would best suit your needs and the well-being of the child.

How the Adoption and Guardianship Process Differ

Essentially, the court process to establish guardianship or adopt a child is relatively similar. The process is rather involved and includes filing a petition with the court, serving notice on relevant parties, receiving consent, and attending a hearing. Each type of matter however, has different specific requirements particular to each county in Kansas. For this reason, it is recommended to seek the counsel of a qualified adoption attorney who can help you distinguish between the two and properly file and finalize your case. Some people attempt to handle the matter themselves and oftentimes end up complicating things, delaying the process or having their petition denied. In order to avoid all of these possibilities and others, contact McDowell Chartered Legal Services to ensure your matter is handled efficiently. Not only is our team knowledgeable in the areas of adoption and guardianship law, they are familiar with the intricacies and requirements of the court system as well.

Legal Parental Rights for Guardianship and Adoption

One of the main differences between guardianship and adoption are the legal rights afforded to the individual who obtains them. For example, in guardianship cases, when guardianship has been granted, an individual does not have full legal and parental rights as an individual who adopted a child. A guardian may still be required to make decisions collectively with the child’s parent, whereas adoption equates to becoming the child’s parent. A legally established guardianship can be revoked any time if the court decides the parents can once again care for the child, or if the guardian is no longer fit or able to. However, an adoption is permanent and irrevocable. Also, a guardianship is monitored by the legal system through required annual reports and inventories that must be submitted to the court. An adoption, on the other hand, requires no management or observation from the court whatsoever. In regards to financial obligations, a guardian is not completely financially responsible for the child, whereas an adoptive parent has complete responsibility for the child in all respects.

Contact Experienced Kansas Adoption Attorney Tom McDowell Today

If you are unsure whether guardianship or adoption is best suited for you and a child’s needs, our team of attorneys has the knowledge and experience your family needs to assist you and make the process as stress-free as possible. Adopting or establishing guardianship of a child can be an emotional and exciting time, and Kansas Adoption Attorney Tom McDowell has many decades of experience that he will put to work in your family’s favor. McDowell Chartered Legal Services is passionate about helping create and re-create families and would appreciate helping you through that process. His team will put your family at ease and give you the confidence that you and your child’s best interest are the number one goal. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can successfully assist you with your adoption or guardianship matter.




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