What are the differences between guardianship and custody? This is a question many people have, as the two can often be confused. Guardianship is when a person is appointed by the court to care for another person’s minor child. Custody, on the other hand, is awarded to parents during a divorce or separation and determines who makes decisions about the child’s welfare and upbringing. Let’s take a closer look at each of these concepts.
What is Guardianship?
Guardianship is a legal arrangement in which one person (the “guardian”) is given the authority to make decisions and take action on behalf of another person (the “ward”). Guardianship can be temporary or permanent, and it can be granted for either personal or financial matters. Guardianship arrangements are typically put in place when the ward is unable to make decisions for themselves due to age, illness, or disability. In some cases, guardianship may be necessary to protect the ward from exploitation or abuse. Guardianship can be a complex legal process, so it is important to seek professional advice before taking any action.
What is Custody?
Custody is the legal right to care for and make decisions on behalf of a minor child. Custody can be awarded to one or both parents, and it can be either physical or legal custody. Physical custody refers to where the child will live, while legal custody refers to who will have the right to make decisions about the child’s welfare, including education and health care. In some cases, joint custody may be awarded, which means that both parents will share responsibility for the child. Custody arrangements can be made through negotiation between the parents or through the court system.
Difference between Guardianship and Custody
Guardianship and Custody are two terms that are often used interchangeably, but there is a big difference between the two. Guardianship is when a court appoints someone to make legal decisions on behalf of another person, usually a minor child. Custody, on the other hand, refers to the physical care and control of a child. A parent can have custody of their child without having Guardianship, but Guardianship cannot be granted without Custody.
In most cases, Guardianship is only granted if there is a compelling reason why the child should not live with their parents, such as abuse or neglect. If you are unsure which term applies to your situation, it is important to consult with an experienced attorney who can help you understand your rights and options.
Conclusion
Guardianship and custody are both legal terms used to describe a relationship between a parent and child, but they have different implications. Guardianship is a more permanent arrangement, while custody can be terminated or changed if the situation warrants it. It’s important to understand the difference between guardianship and custody when making decisions about parenting arrangements.
