what is the difference between having custody and guardianship?
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The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.
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A guardian is the person that will take care of any children that are left without parents and will provide them with care and make living arrangements for them. An executor will assign the care of a child to the guardian. Both roles are very important and as shown quite different.
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Simply put, full custody refers to one parent being designated the primary custodial parent. ... Joint custody refers to an arrangement in which both parents split physical custody of the child, with one parent possibly retaining legal custody.
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What is “ Residential Custody?” There are two aspects of custody: legal and residential (which is also sometimes referred to as “physical custody.”) Legal custody is the right to make major life decisions for your child. Residential custody is where your child lives most of the time.
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Sole custody can be awarded to one parent, which means that the child resides primarily with that parent and that parent has the exclusive right to make decisions about the child's upbringing. However, Texas courts prefer joint custody arrangements so the child maintains a meaningful relationship with both parents.
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Joint legal custody means both parents have a legal responsibility to decide on these aspects. ... Sole legal custody means one parent is solely responsible for making decisions about a child's life. This may be a better option for a parent who made most of the major and day-to-day decisions in marriage.
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Many people conflate custody with guardianship when the two terms describe very different things. The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent.
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Power of Attorney vs. Power of attorney gives someone other than a legal parent or guardian the right to make decisions about a child's welfare, but it does not establish legal custody. You can only modify legal custody through court proceedings.
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Guardianship, as opposed to foster care, is a more permanent solution and is typically used for cases involving relative caregivers. Kinship care is usually preferred over foster care so that a child is able to maintain relationships with extended family in a safe and familiar environment.
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A legal guardian cannot pass along their own inheritance to the child in their custody unless a special provision is made in their will. Adoption, on the other hand, is a process that legally terminates the rights of a child's legal or biological parents as they are placed into the custody of new adoptive parents.
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Parental responsibility is exercised by the child's parents. Guardianship is exercised by someone who is not one of the child's parents. It is up to the person or persons with parental responsibility, or the guardian, to make decisions about the child's care and upbringing and to administer the child's property.
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While legal custody revolves around the daily decision of the children's lives, physical custody revolves around where the children will actually live. This is a very important decision and could affect your relationship with the children in the future if you lose custody.
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When writing a will, most people appoint one legal guardian for their children, but you may want to name two people if they're a couple. You can also appoint guardians for each of your children separately, giving you full control over who they would live with if something happened to you.
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Any parent who has parental responsibility for their child may appoint one or more individuals to be the child's guardian. Such an appointment must be made in writing, dated and signed by the parent. The appointment need not be by will, but a clause in the will is sufficient.
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Physical custody refers to where the children live on a regular basis. If the parents live close to each other, then the children may live at the homes of both parents, as long as it does not disrupt their daily lives. This is called joint physical custody. Having physical custody comes with legal issues.
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Guardianship entitles you to make legal decisions for another person that pertain to their health and lifestyle. Unlike power of attorney, you are not permitted to manage their finances or legal matters but are authorised to make decisions relating to the person's accommodation and medical care.
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As nouns the difference between parenting and parent is that parenting is process of raising and educating a child from birth until adulthood while parent is one of the two persons from whom one is immediately biologically descended; a mother or father.