Legal Question in Family Law in North Carolina
What is the difference between full legal guardianship and adoption?
my step-daughter's mother wants to give me ''full legal guardianship'' rather than signing step- parent adoption papers. What is the biggest difference? With full leagl guardianship could I sign to cahnge her name? She is 16 and my husband has full custody and we have all been together since she was 2 years old with very little to no communication with her mother. Is the guardianship good or should I push for the adoption? My daughter wants to be adopted and change her middle name.
1 Answer from Attorneys
Re: What is the difference between full legal guardianship and adoption?
Guardianship conveys certain rights to you in regards to your step-daughter. Usually this means that you can sign for her to have medical treatment and things like that. It does not grant you full parental powers. You basically act in the role of the parent but you do not posess full parental authority that would allow you to change her name. The mother retains some parental authority. Adoption would be the route to take if you wanted to change her name. This is not a difficult procedure, unless the mother objects, but it is technical. However, most can do this themselves if they have on going legal advice and consultations. I may have an alternative solution to retaining an attorney at this point in time. These issues can be tricky and are often on-going and legal advice is imperative. If you would like more information, please e-mail me and I will send it out to you.
Either way, I wish you good luck.
Jim Griffin
Attorney at Law
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