Biological parents sometimes ask relatives to step in and provide care for their children. In many cases, the arrangement is informal, which provides the caregiver with no legal standing. When decisions must be made on behalf of the child with schools, hospitals, and state agencies, these adults may find their hands tied.
Several legal options are usually available for the caregiver and these depend on state law. Adoption is available in all states, an arrangement that severs the rights and responsibility of the birth parents. Guardianship is another arrangement available in every state and is usually granted by a state probate court. Caregivers may access services on behalf of the child but the biological parents maintain rights and responsibilities.
Some states have permanent guardianships for children in state custody. These arrangements are difficult for birth parents to terminate. Family courts in all states grant legal custody, an arrangement similar to guardianship but sometimes with fewer rights. In some states, relatives may enter open adoption agreements. Biological parents are allowed post-adoptive contact and in some states, only non-binding agreements are established by the law.
A de facto custodian serves as the primary caregiver providing financial support to a child. The youth must have lived with the adult for at least six months if under age three or one year if age three or older. Once the court declares a relative the de facto custodian, the individual has the same legal standing as parents during custody cases.
Standby guardianships were developed during the AIDS crisis so terminally ill parents could designate someone to care for the child during parental incapacitation without terminating parental rights. In some states, relatives granted guardianship are provided monthly financial subsidies by the state. Those offering informal care are finding medical care and school enrollment easier to access in states with educational and medical consent laws.
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