Guardianship VS Custody: What’s the difference?

Parents’ divorce, Sudden death, incapacitation, and Brutal abandonment can force a child to grow up in challenging situations where they might have to indulge with conditions including courts, lawyers, etc., at a very young age.

Well, unfortunately, this is what is happening most often these days. However, despite getting caught up in situations like these, most people are not familiar with the legal terms concerning the legal responsibility of a child. We understand that it is easy to get puzzled by terms like Guardianship and Custody.

Although “Guardianship and Custody” are related to the legal appointment of an individual for the responsibility of a child, these terms are still quite different from each other.

Let us walk through what these terms actually mean and how they are different from each other.

What Is a Legal Guardianship?

Usually, a Child might require Guardianship due to:

• Parents’ death, or
• Willingly abandonment of the child by the parents, or
• The reason that parents’ unable to take care of the child in the eyes of the Court, or
• Parents unavailability for the child due to other significant causes like being in jail, suffering from severe disease, under some treatment, etc.

Under the scenarios mentioned above, the Court can give the responsibility of a child:

• Temporarily
• Permanently

Temporary Guardianship of a child is permitted only when the parents are incapable of taking care of the child for the measured amount of time. It is also called Emergency guardianship or Interim Guardianship. Therefore, it is allotted to the legal guardian only for a specific time.

Temporary guardianship/Interim guardianship is usually provided to foster parents. In cases where foster parents are required, those who have the facilities for a secure upbringing volunteer to become “Foster Parents” for children.

Permanent Guardianship of a child usually lasts till the child enters their adult years and is capable of taking care of themselves. In some cases, Permanent Guardianship can last up to a guardian’s lifetime too.

Requirements to Be a Guardian :

• Adult(18+)
• Mentally healthy
• No history of felony
• A resident of the United States

You should know that Guardianship is not just restricted to a child’s well-being; it can also include other responsibilities. We can narrow it down based on the duties of a guardian;

Under this, due to the inability of the child to make their own decisions, a guardian has rights to take essential decisions in place of that child. Along with this, the guardian has to provide basic needs like education, food, shelter, and manage the child’s expenses.

As per the Estate’s Guardianship, the guardian needs to manage the child’s finances and look after the child’s property.

Not only children but adults can also require Guardianship in the following cases;

In these scenarios, Guardianship is termed Adult guardianship.

After comprehending the “best interest of a child,” the judge appoints a person, i.e., ” Legal Guardian,” to look after and take care of that child providing that person the “Legal Guardianship.” Here the term “Legal Guardian” highlights that the individual is seen as the rightful person responsible for the upbringing of a child in the eyes of law.
Usually, relatives like grandparents, uncles, and aunts get legal Guardianship. However, a third party can also get Guardianship of the Child.

Usually, a Child might require Guardianship due to:

• Parents’ death, or
• Willingly abandonment of the child by the parents, or
• The reason that parents’ unable to take care of the child in the eyes of the Court, or
• Parents unavailability for the child due to other significant causes like being in jail, suffering from severe disease, under some treatment, etc.

Under the scenarios mentioned above, the Court can give the responsibility of a child:

• Temporarily
• Permanently

Temporary Guardianship of a child is permitted only when the parents are incapable of taking care of the child for the measured amount of time. It is also called Emergency guardianship or Interim Guardianship. Therefore, it is allotted to the legal guardian only for a specific time.

Temporary guardianship/Interim guardianship is usually provided to foster parents. In cases where foster parents are required, those who have the facilities for a secure upbringing volunteer to become “Foster Parents” for children.

Permanent Guardianship of a child usually lasts till the child enters their adult years and is capable of taking care of themselves. In some cases, Permanent Guardianship can last up to a guardian’s lifetime too.

Requirements to Be a Guardian :

• Adult(18+)
• Mentally healthy
• No history of felony
• A resident of the United States

You should know that Guardianship is not just restricted to a child’s well-being; it can also include other responsibilities. We can narrow it down based on the duties of a guardian;

• Person’s Guardianship:

Under this, due to the inability of the child to make their own decisions, a guardian has rights to take essential decisions in place of that child. Along with this, the guardian has to provide basic needs like education, food, shelter, and manage the child’s expenses.

• Estate’s Guardianship:

As per the Estate’s Guardianship, the guardian needs to manage the child’s finances and look after the child’s property.

Not only children but adults can also require Guardianship in the following cases;

• An adult is physically or mentally incapable of caring for themselves
• An adult’s life is at risk and requires third-person supervision to save their life

In these scenarios, Guardianship is termed Adult guardianship.

Also Read: Notary Public V/S Loan Signing Agent, What’s The Difference?