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DIFFERENCESBETWEEN
CUSTODYANDGUARDIANSHIP
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.
Quite often people think the terms guardianship and custody are
just two terms to describe the same thing. Childcustody 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.
THEDIFFERENCEBETWEENGUARDIANSHIPANDCUSTODY
When deciding custody, the court can offer full custody to one
parent or jointcustody. 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.
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.
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.
DECISIONMAKINGWHENITCOMESTOTHECHILD:
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.
Child custody and guardianship issues can not only be complicated
but painful on an emotional level. A SaltLakeCitydivorceattorney
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.ACordano at
801-804-5152

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Difference Between Custody And Guardianship

  • 2. 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.
  • 3. Quite often people think the terms guardianship and custody are just two terms to describe the same thing. Childcustody 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. THEDIFFERENCEBETWEENGUARDIANSHIPANDCUSTODY
  • 4. When deciding custody, the court can offer full custody to one parent or jointcustody. 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.
  • 5. 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.
  • 6. 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. DECISIONMAKINGWHENITCOMESTOTHECHILD:
  • 7. 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.
  • 8. Child custody and guardianship issues can not only be complicated but painful on an emotional level. A SaltLakeCitydivorceattorney 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.ACordano at 801-804-5152