There are a few reasons guardianship could end prior to an 18th birthday. This could include joining the military, marriage, entering a registered partnership, a guardian no longer being willing or able to carry out his or her duties, etc. Appointing a guardian is an important part of your Estate Planning process. Physical custody means you have physical control of a minor during a defined time period. For example, with divorced parents, one parent may have visitation rights that gives them physical custody during their time with a child, but they may not have primary custody of a child.
Nobody wants to think about the unimaginable: not being able to care for or raise your child yourself. But the reality is, not making these tough decisions now could mean dire consequences in the future. Learn more about how to nominate a guardian for your children today. It only takes a few minutes, but the peace of mind lasts a lifetime. All Articles 8 minute read Guardianship vs.
Guardianship and custody are similar but distinct concepts that describe the legal relationships between an adult and a child. The main difference between custody and guardianship is the child's parents - custody is provided to the child's biological parents while guardianship is given to a non-biological parent.
Child custody actually encompasses two types of relationships: physical custody and legal custody. Custody determinations tend to be flexible and are subject to modification if there has been a substantial change of circumstances in the current custody arrangement and if the modification is in the best interests of the child. Guardianships, in contrast, although sometimes granted on a temporary or emergency basis, are often more durable than custody determinations and persist for the life of the guardian or until the child reaches the age of majority.
Only a court is permitted to grant custody over a child. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree. Legal guardians are usually relatives such as an aunt, uncle, or grandparent.
This may be due to death, incapacitation, or incarceration for a crime. In some situations, adults with severe handicaps may need a legal guardian to care for them and act on their behalf. This is known as an adult guardianship. With regard to children, guardianships and custody relationships intersect with each other. What type of petition to file is based mostly on the result you are looking for and the circumstances at hand. Child custody arrangements tend to be more flexible than guardianships and are more often able to change with the circumstances of the family.
Guardianships tend to be more applicable to a permanent solution that would stay constant over time. These petitions often require additional medical and financial information be presented to the court.
When both parents are still alive and available, custody orders are best suited for matters concerning the child. Custody petitions are also used to establish visitation rights.
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