Family law can be difficult to understand when it comes to children, and legal definitions can be confusing. It’s easy to confuse the difference between custody and guardianship, and the terms are often used interchangeably, although they mean very different things.
What’s the difference between guardianship and custody in Michigan?
The main difference between the two is that custody laws focus on parental rights while guardianships give rights to adults to make decisions on the child’s behalf when raising children who aren’t their own.
If you want more information about the two and their differences, please continue to read below.
What Is Guardianship of a Child?
Guardianship of children is a legal process where a court appoints someone to take care of a child. Guardianship can be temporary, or it can be permanent.
A temporary guardianship is typically used when the parents of a child have died, and an unrelated person needs to take care of the child for a short period of time. When the guardianship ends, the child will be returned to their biological family.
Permanent guardianship occurs when no one else can take care of a child who has no family members or other people who can provide for them. This type of guardianship is granted by a court after an investigation into whether or not the guardian is suitable for that role.
Why Might Someone Be Appointed as Guardian Of a child?
There are many reasons why a person might be appointed as the guardian of a child. A guardian is a person who has been given legal authority over another person’s affairs, and this can include the ability to make decisions about that person’s health care, education, and financial matters.
In some cases, the parents of the child will be deceased or otherwise unable to make such decisions on their own behalf. The courts may appoint someone else as guardian if they feel that it would be in the best interest of the child. In other cases, where both parents are alive but unable to make decisions for themselves due to age or illness, a relative or friend may be chosen as guardian instead so that they can continue caring for their grandchild in an appropriate manner.
A guardian can also be appointed when there is concern about whether or not someone has the sufficient mental capacity to make important decisions on their own behalf; this might occur when someone has Alzheimer’s disease or another type of dementia that affects how well they can think clearly about things like finances or medical treatment options.
What Is the Difference Between Temporary and Permanent Guardianship?
A temporary guardianship is when someone is appointed to take care of a child in the event that the child’s parents are unable to care for them. A temporary guardian has all of the same rights as a parent and can make decisions about your child’s care. This is only for a certain period of time, typically until the court can decide whether or not it is appropriate for this person to become your child’s permanent guardian.
A permanent guardianship gives someone full authority over your child, just like you would have as his or her parent. A permanent guardian has all of the same rights and responsibilities as you would have if you were still living with your child.
What Is Custody of a Child?
Custody of a child is the legal right to make decisions about the care, welfare, and upbringing of a minor. The court determines who will have custody of the child.
In most cases, both parents have custody of their children. If you are divorced or separated, you may have an agreement stating that one parent has primary physical custody with the other having visitation rights.
If you do not have an agreement stating who has physical custody, the court will decide which parent will have it during divorce proceedings. The judge will consider many factors when making this decision, including:
● The wishes of each parent
● The health and safety of the child
● The child’s relationship with each parent and siblings
● Who can provide for the child’s needs
Legal Custody Vs. Legal Guardianship
Legal custody vs. legal guardianship is a confusing topic, and one that’s worth understanding in order to determine what will be best for your family.
Legal custody refers to the right of parents or guardians to make decisions on behalf of a child regarding their education, health care, religion, and other matters. It is not necessarily tied to where the child lives or spends the majority of their time. Legal custody may be shared by the parents or granted entirely to one parent or guardian.
In contrast, legal guardianship is generally granted when one parent has sole physical custody but shares legal custody with another parent. When this occurs, courts will often appoint a third party (such as an attorney) as guardian ad litem for the child’s interests. Guardianship does not automatically transfer with physical custody; if you give up physical custody but retain legal guardianship, then you’ll still have the right to make important decisions about your child’s future until they reach adulthood (or become emancipated).
Overall Family Law Support
Legal guardianship and child custody can become complicated quickly, especially if custody arrangements are involved. This is why it’s essential to understand what’s involved when structuring the terms of the divorce. If you’re going through a divorce right now or thinking about getting one, it’s important to contact a divorce attorney to help you navigate it and provide legal representation if needed.
The family law offices of Rappleye & Rappleye in Jackson have both the experience and knowledge for representation in all areas of family law. Divorce situations that involve children and custody can be delicate, emotional, and complicated. Let us help you in your family law case, and we will put our compassion and experience to work for you!