Difference Between Custody And Guardianship

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DIFFERENCES BETWEEN CUSTODY AND GUARDIANSHIP
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The most important thing during a divorce is to
make sure that any children involved are cared
for emotionally, physically and in a monetary
sense. The amount of questions that need to be
answered to make sure this is possible are
endless. Things such as custody, child support,
who is making the major decisions and where the
children will go in the case of the death of a
parent are just a few of them.
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THE DIFFERENCE BETWEEN GUARDIANSHIP AND CUSTODY
Quite often people think the terms guardianship
and custody are just two terms to describe the
same thing. Child custody is a referral to
parental care of a child whereas guardianship is
a person, who is not a parent, that the court
appoints to take care of a child like a parent
would do.
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When deciding custody, the court can offer full
custody to one parent or joint custody. Joint
custody is where both parents are responsible for
spending time and caring for the child and are
both allowed to see the child. Which route to
take is decided by the court, in order to make
sure that the decision made is the right one for
the child. Commonly the court awards shared
custody with time spent with both parents, for
example, the week at the mothers and the weekend
with the father.
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Guardianship is awarded to a third-party by the
court when there are extenuating circumstances.
This could be due to the death, or illness or a
parent. It can also be awarded by the court if
the parent is not living up to their obligations
and acting in the best interest of the child for
example, in cases of child neglect or child
abuse. Very often when guardianship is awarded it
is in line with a parent also being awarded
custody in order to act in the best interest of
the child.
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DECISION MAKING WHEN IT COMES TO THE CHILD
Making important decisions as far as a child is
concerned is the biggest reason which there is
custody or guardianship is involved. Because a
parent is normally a natural guardian they are
allowed full-right to make every important
decision that is linked to the child and their
well-being. Guardianship, unlike custody, does
not come with such leeway and gives certain
restrictions as to what can be and cannot be
decided for the child.
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One of the decisions a guardian is allowed to
make are the decisions that pertain to the day to
day life of a child. The court will take into
account all the points that are put forward by
the parents but will ultimately make the decision
regarding custody. The parents, however, are
allowed to appoint the guardian of their own
choice.
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Child custody and guardianship issues can not
only be complicated but painful on an emotional
level. A Salt Lake City divorce attorney will
help you through these difficult times. A Salt
Lake City divorce attorney will ensure that you
receive the best outcome for your children. For
advice from a Salt Lake City divorce attorney,
please contact the experienced lawyers at Emy. A
Cordano at 801-804-5152