People often confuse child custody with guardianship of a minor, but as closely related as they may seem, child custody and guardianship are two different court processes.
Child custody is in order when parents of a minor child separate, usually through divorce. In this case one parent takes custody over the minor child. On the other hand, guardianship is a process that does not necessarily include having physical custody of the minor, but nevertheless entails taking care of the minor.
Child custody is more or less permanent, unless there is a major change in a parent’s circumstance that warrants a modification of a child custody order granted by the court such as imprisonment. Guardianship is not permanent and its termination depends upon the judge’s order.
Parents usually have custody over their minor child. On the other hand, guardians aren’t always related to their ward.
If parents are travelling abroad for work and leaving minor children in the care of others they might forfeit some of their parental rights to a Guardian for a limited time in the best interests of the child.
The scope of child custody is broader – anything and everything that pertains to the minor child. Guardianship may be limited to certain day-to-day care and have limited decision making powers.
Parents do not have to post a bond to obtain custody over their minor child. A guardian is required to post a bond.
As for similarities, they both affect minor children (adults may be under a guardianship but let’s save this topic for another discussion). In most cases do not require a lawyer for the court to approve one’s petition. In deciding both cases, the court will take into consideration whatever is best for the ward, in this case, the minor child.
Laws governing child custody and guardianship vary from state to state. If you have any questions please contact our LegalBee hotline for support. Legalbargain.net can assist with the preparation of legal documents for guardianship or child custody.
This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.

Bình luáºn