Custody and guardianship vary based on location and laws. Guardianship is appointed by will or court to care for a minor or incompetent adult, while custody is given by the court to a biological parent to make long-term decisions for a minor. There are different types of guardians, and custody can be physical or legal, joint or sole. Both are meant to ensure the well-being of the minor or incompetent adult.
The definitions of custody and guardianship may vary depending on the probate and child custody laws in effect in a particular location. In general, guardianship means that a party, usually a non-parent, is appointed by a will or the court to care for a minor or incompetent adult and act in that person’s best interests. Custody is when a person, usually the biological parent of a minor, is given authority by the court to make long-term decisions regarding the minor’s welfare, including education and medical care. Custody and guardianship are similar in that a person is appointed to care for another person, but there are some differences in the legal requirements for custody and guardianship, respectively.
With guardianship, there are several types of court-appointed guardians, and the guardian typically remains in office until the minor reaches age 18. The guardian of the estate is a person, a parent or a third party, designated by the court to supervise the financial matters of a minor. An ad litem guardian is a person, usually an attorney, appointed by the court to represent the best interests of the child in a legal dispute, usually a child custody case. A person guardian is a court-appointed person who is responsible for a minor’s well-being, including their education and medical care, but is not responsible for finances or property. An interim guardian is a person designated by the court as a temporary guardian, such as a custodial parent, until a permanent guardian is appointed.
Custody and guardianship are both designed to ensure that the minor or incompetent adult is adequately cared for. Custody of a minor becomes a problem when parents divorce or separate. The judge must determine the custody agreement between the parents. The two types of custody granted in child custody cases are physical custody and statutory custody.
Physical custody means that the parent is responsible for the child’s daily needs, such as food, clothing and shelter. This type of custody means that the minor physically lives with the parent. Legal custody allows a parent to make important decisions for the child, including where the child will go to school, religious affiliation, and medical care.
Physical and legal custody can be granted jointly by both parents. When the parents have joint physical custody, the child will spend equal time with each parent. With joint legal custody, both parents must agree on decisions regarding the child. There are variations to custody arrangements, which can include one parent having sole physical custody while both parents have legal custody. It is also possible for one parent to have sole legal custody while both parents have joint physical custody.
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