Legal Options for Relative Caregivers: Legal Custody

Options for Relative Caregivers

1. Adoption (in all states)
2. Guardianship (in all states)
3. Legal Custody (in all states)
4. Open Adoption with Agreements (in some states)
5. De Facto Custodian (in some states)
6. Permanent Guardianship (in some states)
7. Standby Guardianship (in some states)
8. Subsidized Guardianship (in some states)
9. Medical & Educational Consent (in some states)

Legal custody is a similar status to guardianship, but is usually bestowed by a different court that has different procedures. Guardianship is usually granted by a probate court, whereas a family court grants legal custody. Also, the status of "guardian" may often facilitate access to more services and rights than "legal custodian." Consider, for example, how many times one reads or hears the phrase "parent or guardian" without any mention of "legal custodian." It is important to consider the differences among guardian or legal custodian in the state where the relative-headed family lives.

Source: Generations United, one of the premier Web resources for grandparents and other relative caregivers. Copyright 2002, Generations United. Reprinted with permission of Generations United http://www.gu.org

© 2002 Generations United