Differences Between Legal Guardians And Custody

People often confuse guardianship with child custody, but the two are markedly different. Here are three major differences between these arrangements:

Range of Responsibilities

The exact circumstances of any arrangement determine the range of responsibilities that a guardianship or custodial arrangement entails. In general, however, guardians tend to have more responsibilities than custodial parents. This is mainly because there are different forms of custody such as joint custody, legal custody, and physical custody.

This means that you can have a child's custody without having them physically in your house, at least not all the times. In such a case, there are some decisions that you will not be able (legally) to make for the child. This is different from the case of a legal guardian, who is legally free to make all decisions regarding the child's life.

Durability

Another difference applies to the durations of the respective arrangements. Custody is fickle; those who have an interest in the child's life such as parents or grandparents can always petition the court to change custody. For example, if you have custody of a child and you want to move overseas, the other parent may petition the court to reclaim custody if they think that it isn't in the child's best interest to move with you. This is considerably different from the position of guardianship, which usually lasts until the child becomes an adult.

Granting Authority

Only the family court that has jurisdiction over a child can determine the child's custody. Therefore, even if you have been living with a child for some time, it doesn't mean that you have their legal custody if you haven't ratified it in court. It also means that you can't send the child to the other parent and determine that they have the child's custody henceforth.

However, parents have the authority to determine their child's guardianship. For example, if you are sick and are unable to care for your child, you can choose any other fit adult (with their permission, of course) as the child's guardian. The appointment will hold true as long as the other parent doesn't object to it or isn't available (for example if they are dead).

Are you having guardianship or custodial problems with regards to a child? Whatever your issues are, a family law firm will be able to help you sort out the issues. Don't assume anything; make sure everything is above board.