Difference Between Guardianship and Custody

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.

1. Is guardianship and custody the same thing?
2. Does the guardian have custody of the child?
3. What rights does guardianship give a father?
4. How do I assign a guardian to my child?
5. Do guardians get paid?
6. Does Social Security recognize guardianship?
7. What rights do guardians have?
8. Are both parents legal guardians?
9. Who has rights over a child?
10. Why do fathers lose custody?
11. Why do I need guardianship?

Is guardianship and custody the same thing?

Custody is determined in Family Court. Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child ("ward") whose circumstances require it, and to make decisions about the child's education, support and maintenance. ... Guardianship is determined in Probate Court.

Does the guardian have custody of the child?

Guardians and Parental Rights

As a guardian, the designated person can authorize medical care, make educational decisions, and care for the day-to-day needs of the child. In the case where a court assigns one, the guardian will have custody of the child. However, parents do not relinquish their parental rights.

What rights does guardianship give a father?

Guardianship rights entitle a parent to make important decisions regarding that child's upbringing, for example, deciding on the child's religion, education, medical treatment and where they lives.

How do I assign a guardian to my child?

You can write a letter naming a guardian for your children and keep it with your important papers or write in your will who you want to be the guardian of your children when you pass away. But if both parents are dead, the court will decide who the guardian is. The court will try to appoint the person you wanted.

Do guardians get paid?

A guardian is generally paid an amount which is not more than five percent of the ward's yearly income. The amount may vary slightly, but in no case should the guardian's compensation be fixed at less than fifty dollars for a year.

Does Social Security recognize guardianship?

Yes. Social Security does not instruct or guide the guardian payee in how to compute fees. As noted, SSA generally allows representative payees who are legal guardians to deduct court authorized guardianship fees and those fees may be deducted from Social Security benefits.

What rights do guardians have?

Rights and Powers of a Guardian

A guardian may have guardianship over the person of the ward, or of the property of the ward, or over both. Often, the guardian of the person of the ward, may change the residence of the ward, control the ward's medical care, and the ward's education.

Are both parents legal guardians?

Most countries and states have laws that provide that the parents of a minor child are the natural guardians of that child, and that the parents may designate who shall become the child's legal guardian in the event of death, typically subject to the approval of the court.

Who has rights over a child?

All mothers and most fathers have legal rights and responsibilities as a parent - known as 'parental responsibility'. If you have parental responsibility, your most important roles are to: provide a home for the child. protect and maintain the child.

Why do fathers lose custody?

Abusing your child in any way is the number one reason fathers lose custody of their child. Physical abuse could result in scars, wounds, burns, bruises, broken bones, head injuries, and wounds. ... In any circumstances, a court will generally not hesitate to take away custody if a child is suffering from physical abuse.

Why do I need guardianship?

When a child receives a large financial gift, a parent may need to set up a guardianship of the child's estate. These types of guardianships allow a parent to manage a child's finances and safeguard the money until the child reaches age 18.