Guardianship and Custody are terms typically used in legal matters concerning the rights, duties, obligations, and responsibilities of an adult in relation to the personal interest and care of a minor or child. Both terms have a limited amount of decision-making power granted to the caregiver.
Guardianship
Guardianship refers to the situation in which a person has legal authority over another individual. This term is commonly used in parent-child issues, but it can also apply to others who are incapable of acting on their own behalf, either mentally or physically. A guardian may be appointed by the court to protect and serve the best interests of a child.
Custody
Custody, or child custody, indicates which parent has the right or authority to make decisions in the child’s best interest, particularly during a divorce. When parents separate, conflicts may arise over where the child will live, which school they will attend, and other decisions that affect their life. These cases are typically resolved in court.
Key Takeaways
- Guardianship can be given to anyone who is mentally or physically incapable of acting on their own behalf, while custody is more focused on parent-child or adult-minor cases.
- Guardianship is limited in its range of decision-making, whereas custody has superior authority in decision-making, especially on complex matters.
- Rules and procedures for guardianship and custody may vary depending on the country, state, or city; it is advised to consult a lawyer or government social welfare office when seeking one.
