Legally establishing the relationship between a child and their adult caregiver is important in a range of circumstances. Two such legal relationships recognized in California are guardianship and custody, and they differ in their required legal processes and when they are relevant.
A family law attorney in San Mateo can help you understand whether seeking guardianship or custody is right for your case. The following guide clarifies the differences between the two.
What Is Guardianship in California?
In California, guardianship is the process of being appointed legally responsible for a child when their parents are unable to care for them, usually due to death, incarceration, or incapacitation. The court can award temporary or permanent guardianship depending on the circumstances and proposed length of the arrangement.
In many cases, a legal guardian is a relative of the child. “Permanent” guardianship ends when a child turns 18.
While rare, the court may appoint a legal guardian in a case where the parents still retain some custody. The court can also appoint a guardian to have legal decision-making authority for a child while the parent has physical custody.
What Is Custody in California?
Meanwhile, “custody” in California usually refers to the relationship between a child and a parent. The issue of custody often arises in a divorce or when unmarried parents separate or begin living apart from one another.
The court recognizes two types of child custody:
- Legal custody, which is a parent’s right to make decisions on the child’s behalf
- Physical custody, which is whom the child lives with
Either parent can have full or joint legal or physical custody. In cases in which parents cannot agree on custody arrangements, the court would make a determination based on the best interests of the child.
When Guardianship vs. Custody May Be Appropriate
The main difference between legal guardianship and custody lies in the relationship between the adult caregiver and the child. Guardianship applies when a non-parent needs to step in to perform parenting duties for the child. Custody generally only applies to the child’s parents, though there are cases in which a non-parent could be awarded custody.
Other significant differences include:
- How they impact parental rights: Custody does not automatically eliminate the non-custodial parent’s rights. However, guardianship can temporarily or permanently suspend the parent’s rights to make decisions or care for the child, in certain cases.
- Where cases are heard: Cases involving custody are generally handled in the family court, while guardianship cases are usually heard in probate court.
- The caregiver’s financial duty: Custody involves a financial duty to the child, while guardians are not required to use their own money for the child’s care.
Consult a Family Law Attorney Today
If you need help understanding the difference between guardianship vs. custody or navigating either process in the San Mateo court system, Viola Law Firm P.C. is here for you. Learn more about grandparents’ rights to custody, then contact us at 650-643-4212 for a consultation.
