Legal Question in Family Law in Texas
Guardianship and Adoption...Difference?
The father of my son is at a respectable college with a scholarship that will be taken if I place him on child support. I placed him on there and they said the only way to get rid of it is to co-operate with them and I guess take away the state's medical assistance since the father owes them already. I want my son's father to finish college. His mother told me if I gave her guardianship until he finished college and she took care of his Dr visits and his medical fees that this would help her son and my son's father a great deal. Now I want to know two things is this true and what is the difference between giving guardianship to her and letter her adopt my son (which I wouldn't want at all) ? Is there a difference at all?
1 Answer from Attorneys
Re: Guardianship and Adoption...Difference?
There is a huge difference!!!!!!!!
Adoption - your parental rights are TERMINATED. You will be treated as if you are DEAD and you will have no legal rights to the child. You will have no legal right to ever see the child again. At 18, the child can try to contact you if he wants.
If you give her guardianship, it will be very difficult to come back later and get custody. I get this sort of question very often -- a grandparent is willing to "help" temporarily and the parents give the grandparents "temporary custody". Then one or two years later they want to regain custody -- SURPRISE!!!!! -- the grandparents won't give up the kid.
I STRONGLY URGE YOU TO TALK TO AN ATTORNEY ABOUT THIS MATTER.
Once you give up "custody" then it will be very difficult to get the kid back. The grandparents will "basically" become the parents of the child. They will control the child's life.
Also, both parents will be ordered by the court to pay child support to the grandparents!
Even if they agree to "waive" the child support, one year later they can come back into court and modify the court order and you will be ordered to pay child support.
Many times, the grandparents are in the best shape to raise their grandchild. However, before you sign any legal documents -- PLEASE make an informed decision.
If you let the child live with the grandparents (or anyone) for 6 months, they have the legal right to get custody of the child.
PLEASE SEEK LEGAL COUNSEL IN YOUR AREA!
Fran Brochstein
www.familylaw4u.com
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