What is the difference between legal guardian and custodial parent?
Table of Contents
What is the difference between legal guardian and custodial parent?
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.
Is a legal guardian a parent?
Legal guardians have a lot of the same rights and responsibilities as parents. They can decide where the child lives and goes to school, and they can make decisions about the child’s health care. Note: There are 2 kinds of guardianships in California. Most guardianship cases are in probate court.
What does legal guardianship of a parent mean?
conservatorship
Is power of attorney the same as legal guardian?
A power of attorney is a private way to decide who will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. It is less costly than a guardianship, which is a public proceeding and the person appointed as your guardian may not be the person you would have chosen.
Who qualifies as a guardian?
A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians. The guardian is responsible for the child’s care, including the child’s: Food, clothing and shelter. Safety and protection.
What is a guardian to a child?
A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child’s support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child’s best interests.
How do you sign over legal guardianship of a child?
How to terminate your guardianship
- Fill out the forms. Claim – Family Law Act (0.1 MB) Statement – Terminate Guardianship (0.01 MB) Affidavit of Service – Applicant (0.1 MB)
- File your order. Do this at the same court, in the same location, where you’ve either: already been to court with the other party.
Can you sign your child over to someone else?
The simple answer is that “No, a parent cannot give legal custody” to someone else. A parent can delegate legal authority to someone else with the intent that that person will have physical custody and responsibility to care for the child; but, that is not the same thing as “custody” decided by a court.
