The main duties of those with guardianship and those with custody are extremely similar. The purpose of both is to ensure the well-being and safety of the child and to be the key decision makers for the child. While they are similar, though, a guardian and a custodian are not the exact same.
So, what is the main difference between guardianship and having custody?
The main difference is if the decision maker is the child’s biological parent or not. Custody is automatically given to a child’s biological parent. A guardian is someone who is not the biological parent but has the authority to make decisions on the child’s behalf.
Often times, when the biological parent is deemed unfit to care for the child, the court with appoint a guardian to take over decision making power.
We will discuss the roles of guardians and custodians in more detail below.
The Role of Custodians
Custodians are the biological parents of the child and assume all decision making and legal obligations for the child. There are two types of custody, physical and legal. Physical custody is when the child physically lives with the parent. If the parents are split, physical custody may be split between the two where the child switches who they live with on a set schedule.
Legal custody, on the other hand, is more than just physical placement. It is when the parent has the legal right to make decisions for the child, such as education, health care, and more. If the parents are split, both may have split legal custody where they make decisions together or one parent may have all legal custody if the other is deemed unfit by the court.
The Role of Guardians
While custodian responsibility is automatically assumed by the parents, guardians are appointed by the court. The most common occurrence of guardianship is when the parents are either deemed unfit to sufficiently care for the child or they have passed away. At this time, the court with assume guardianship of the child and decide with who the child will be placed with until another guardian is chosen.
Guardianship is not just for children, though. If any person is deemed incompetent or unfit to care for themselves, the court can appoint a guardian to cover both their physical well-being and finances. This most often occurs when adults have disabilities that inhibit their reasoning and mental capabilities.
There are three types of guardians, a guardian of the person, guardian of the estate, and interim guardian. A guardian of the person is one who makes the daily decisions for the child, such as food, education, health care, and more. This is often the individual the child lives with and who cares for the child on a day-to-day basis.
A guardian of the estate, on the other hand, manages the child’s finances and can either be a corporation or a person. A guardian of the person and a guardian of the state are often the same person but not always.
Last, an interim guardian is someone who assumes short-term responsibility for a child. This occurs when parents are deemed unfit and a court takes the child for their safety and well-being. The child is then placed into the care of an interim guardian, also known as a foster parent.
A foster parent can be someone who is related to the child and can take them in for a short time or it may be someone who is not biologically related to the child and may house other foster children as well.
Conclusion
While the definition and decision-making capabilities of guardians and custodians may be different, their purpose is ultimately the same, to act in the child’s or invalid’s best interest. Their purpose is to ensure the child or invalid is properly cared for and safe.
Tower Karson Law in Livonia is an experienced divorce and family law that can help with your custody or guardianship issue. Our divorce attorneys provide sound advice and representation securing your rights and striving for the best possible outcome for all parts involved. Questions about divorce? Facing a family law dilemma? Call and speak to a divorce attorney today.