Legal guardianship? or foster care?

Question

Which would you say a family ct judge would prefer? Keeping kids in foster care OR granting another family member legal guardianship??

Answer 1

Ahh, terms of art get us into trouble.

So, here's the deal. Foster care keeps the State with legal custody/guardianship of the child. A family member (properly qualified) can be the person with whom the state places the child.

Why important? Because there is always a preference to eventually have the child return to his natural parents (who must comply with certain conditions). The state also needs to be able to ensure that the child's needs are being met.

Consequently, while the courts would far prefer to have the child "placed" with a family member, it will often not GRANT legal guardianship to that member.

Answer 2

It's not a question of the judge's preference. It's what is possible and what is best for the child. Family members usually share some of the problems that caused the foster placement, or will maintain a relationship with the person who harmed the child, so that may not be in the child's best interest.

Foster care is rarely in the child's best long-term interest and federal law encourages adoption instead of either choice you offer.

Answer 3

foster care is now a big business and judges are placing more children in foster care

in most states courts are suppose to try and place a child with a family member first but recently in GA a large number of children are placed in foster care

judges use age, income, home make-up and single parent as reasons to place a child in foster care

Answer 4

There is a preference to send them to a family member, unless all members of the family are unfit, or unwilling to take the kid.