Difference in Child Custody and Guardianship  

 

When a child’s parents are not able to take care of them, someone is appointed to care for them until they are of legal age. It can be a grandparent, family member, or other person found by the court. The person appointed can be given a guardianship or they can get custody of the child. There are several differences in each type of appointment. Let’s take a look at them. 

Laws vary from state to state, but every state has the option of a guardianship or child custody of a minor. Parents have legal custody over a child unless he or she gives up that right. A guardian or child custody can be appointed by the court, but a parent may still have some rights over the child.

Guardianship Of a Child | Estate Planning in Cary NC

A guardianship is established by the court when someone petitions to take over the care of a child or an adult without the mental capacity to care for him or herself. The person under the care of the guardian is called the ward. In the case of children, someone may petition to be the guardian so that he or she can make decisions for the child that he or she would not otherwise be able to do legally. These decisions include enrolling the child in school as well as making medical and financial decisions for him or her.

There are different types of guardianships, including temporary and emergency guardianships. Both of these types generally only last for a certain period of time. A legal guardianship that is planned to extend until the child is 18 years old is similar to an adoption because the guardian can make all legal decisions for the child. However, it still exists with the relationship that the parents have with the child.

If you want to become the guardian for a child, you will have to petition the court. They will then review your case, interview you and the child to ensure you are a good fit and will be a responsible guardian. The court seeks to do what is in the best interest of the child.

To learn more about guardianship of a child and how it differs from child custody, be sure to contact us, today.

Klish and Eldreth, PLLC | Estate Planning in Cary NC

Estate planning in Cary NC is important. It’s a way to ensure your loved ones are cared for after you’ve passed. It’s also a way to distribute your belongings to specific loved ones as well. It’s important that one not pass without this document. Doing so can result in a court case that will leave your loved ones stuck in probate court. This could be not only time consuming but expensive as well.

For more information on basic estate planning from our lawyer, be sure to visit back with us, soon! If you have questions about the information you’ve received here, contact us. We are here to help.

 

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