Child Custody Vs. Guardianship of a Child | Attorney in Raleigh NC
Below, we will talk a little about child custody. Remember, in our previous blog post, we discussed guardianship of a child.
A guardianship is established by the court when someone petitions to take over the care of a child or an adult without the mental capacity to care for him or herself. The person under the care of the guardian is called the ward.
Child Custody | Attorney in Raleigh NC
Only a parent can have custody of a child, where a legal guardian does not have to be his or her parent. Child custody can be physical or legal. For instance, a non-custodial parent can have physical custody of a child during weekends but is not able to make legal decisions for the child. A parent can grant guardianship to another person but a court is the only one who can grant legal custody, although the wishes of the parents can be considered in both cases.
Shared child custody is when both parents are able to provide for and see the child. It is also called joint custody. In many cases where both parents are willing and able to care for their child, joint custody is established so that both can be involved in the child’s life.
A person other than a parent cannot petition for custody of a child in the way that one can ask to become guardian. Only a parent can be granted (or refused) custody of a child. However, custody can be modified if changes occur in the parent’s status. A guardianship is sometimes considered more durable because it only ends when the child becomes a legal adult or the person given guardianship dies.
We understand how confusing these two can be. While a bit similar, there are major differences. Contact our attorney in Raleigh NC to help you better understand the two. We can offer help in your time of need.
Eldreth Law Firm | Attorney in Raleigh NC
We hope this information inspires you to start estate planning now, if you haven't already. Contact our lawyer in Raleigh NC, today to begin.
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