Guardianship/Adoption

Whether it is a child who needs special care or a couple seeking to build a family, Guardianship and Adoption are the areas of law which relate to the custody and care of minor children.

Guardianship is where the court appoints a person or persons, other than the child’s parent(s) to have custody of the child and/or manage the child’s property.  It is the responsibility of the Guardian to care for and supervise the child as would the legal parent.  Responsibilities include:

  • Food, clothing, and shelter
  • Physical safety
  • Medical and dental services
  • Education
  • Physical and emotional development

With Guardianship, the child’s parents still have parental rights and can ask for reasonable contact with the child.  Guardianships are normally supervised by the court on an annual basis.  The court can terminate the Guardianship if one or both of the child’s parents become able to care for the child and the court finds it is in the child’s best interest to return to the parent(s).

Adoptions are similar to Guardianships, except for the following:

  • The parents’ parental rights are terminated permanently.
  • The adoptive parents have the same legal rights as the birth parents.
  • The adopted child inherits from the adopted parents just as if the child were their natural child.
  • Adoptive families are not supervised by the court.

Step-parent and Second Parent Adoptions

It is common for a divorced person or single parent with children to remarry.  Step-parent and second-parent adoptions are a way of creating a cohesive family.  In California, these types of adoptions are made available for both opposite-sex and same-sex couples.

The Law Office of Raquel M. Silva, can assist you with step-parent and second-parent adoptions, including terminating the parental rights of a biological parent who may have no relationship with your child.  Attorney Raquel M. Silva also has extensive experience in assisting same-sex couples with the formal adoption process to ensure their parental rights are protected in states other than California that may not recognize same-sex marriage, registered domestic partnerships or civil unions.

http://www.hrc.org/resources/entry/second-parent-adoption

https://www.childwelfare.gov/pubs/f_step.pdf

Visit our Law Resources Page for more information about Guardianship and Adoptions.

Contact Us Today to Discuss Your Case

Contact our family law attorney, Raquel M. Silva, CFLS*, online or call at 530-758-0500 to schedule an appointment. Our Davis office is open Monday through Thursday from 9 a.m. to noon and 1 p.m. to 5 p.m., and Friday mornings from 9 a.m. to noon. We are conveniently located in the Oak Avenue Professional complex across from Davis High School.

We accept Visa, MasterCard, and Discover.

Law Office of Raquel M. Silva
1667 Oak Avenue
Davis, CA 95616
Email: raquel@silvafamilylaw.com
Phone: 530-758-0500
Fax: 530-758-0616

Davis, CA Law Office Map