In New Jersey, it’s common for relatives and family friends to take care of children whose parents are unable to do so. Sometimes these situations are temporary, like when a parent is recovering from an illness or accident. Other times, a situation can be long-term, like when a parent suffers from mental illness, addiction, or alcoholism. In these instances, it can be in the best interests of all parties to formalize the caregiving arrangement. Kinship legal guardianship is one way to make a child caregiver’s service legally binding.
What is The Difference Between Adoption and Kinship Legal Guardianship?
Both adoption and kinship legal guardianship can provide children with more stability and give more power to caregivers. The difference is that full adoption transfers all rights of the birth parents to the adoptive parents, while kinship legal guardianship gives legal custody to the caregiver but allows the birth parents to retain some of their rights, such as the right to visit.
How to Become a Kinship Legal Guardian
Certain protocol must be met before a caregiver can become a kinship legal guardian. Here are some of the requirements to become a kinship legal guardian in the state of New Jersey:
- Biological parents are unable to care for the child
- Child has lived with the caregiver for at least 12 months
- Caregiver is related to the child, or a close family friend
- Caregiver can prove the arrangement is in the child’s best interest
- Caregiver is financially capable to support the child
- Making decisions about the child’s well-being and safety
- Making educational plans for the child
- Consenting to medical treatment and care
- Applying for services for the child.
If you are granted kinship legal guardianship, you will have the same rights and responsibilities as a birth parent, including:
Becoming a kinship legal guardian of a child is a big responsibility and should not be taken lightly. To learn more about the process, it’s beneficial to contact an experienced kinship legal guardianship attorney in New Jersey for assistance.
Contact a Skilled New Jersey Divorce Lawyer
If you have questions about kinship legal guardianship in New Jersey, don’t hesitate to contact the Law Offices of Steven M. Cytryn at (732) 214-1103. We understand how sensitive child custody, adoption, and kinship legal guardianship cases can be and will take a compassionate approach while advocating aggressively for your rights.
