Guardianship of a Child in Out-of-Home Care

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Written and Reviewed by Experts: This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

Here you can find helpful information concerning the guardianship of a child at Rocket Lawyer.

A caretaker can smoothly acquire guardianship of a child in out of home care; and, unlike adoption, this can be done without termination of a parent's rights. The difference between legal guardianship and transfer of custody is the flexibility offered by legal guardianship. Under the umbrella of legal guardianship there are two special categories: subsidized guardianship and standby guardianship.

Subsidized guardianship entails the state government providing financial assistance to caretakers. Subsidized guardianship is also a means of consistency for youth that have not been adopted or reunited with family.

Standby guardians are chosen when parents are unable to care for a child due to illness or other life-threatening events. This type of guardianship allows for parents to retain much of their legal rights regarding their children.

Guardianship requirements vary from state to state. You can check the stipulations for your state at the U.S. Department of Health & Human Services website. In addition, some states grant probate courts jurisdiction over guardianship while others delegate that authority to family law centers. Each state is different, so be sure to check your state's laws.

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Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

Written and Reviewed by Experts: This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

At Rocket Lawyer, we believe legal information should be both reliable and easy to understand—so you don't need a law degree to feel informed. We follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible.

About this page:

This article was written and reviewed by Rocket Lawyer editorial staff
This article was last reviewed or updated on Sep 23, 2022

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