What Makes Physical Custody and Legal Guardianship Different

By: pancy | Posted: 26th March 2010

Physical custody and legal guardianship are completely different issues. There are more powers with physical custody than there are with legal guardianship. In order to know what you wish to ask for when it comes to your children, you should know the difference between the two so that you get the results you are seeking.

Here is the difference between physical custody and legal guardianship:

Physical Custody

Physical custody means that you have full rights where the child is concerned. You make all decisions about that child without interference. It allows you to raise the child in the way that you see fit and no one can take that child away from you. If you have physical custody of the child, you will not have to fight any further to make sure that you are the child's main source of provision. You will take care of the child's needs completely. That doesn't mean you can't get child support, it just means that you are the main provider for the child and are expected to act accordingly. Physical custody is more permanent than legal guardianship. Unless someone can prove you unfit as a parenting figure in the child's life, you will remain the person with physical custody. Physical custody is often divided between parents. It is dependent on the time that the children are supposed to spend with each child. If the other parent tries to keep the child away from you during your time, you have legal recourse to get the child back into your custody. Physical custody is usually reserved for the parents of the child and is a legally binding order of the court.

Legal Guardianship

Legal guardianship is given to people who have care of a child during a certain time in their lives. It can be granted during the process of adoption or for other reasons the child might be in that persons care. It is normally another family member that has taken over the care of the child or possibly in the case of foster care. Legal guardianship is given so that the person who is currently providing for the child can provide the necessities of the child until a final solution has been reached. The guardian will be able to get medical insurance for the child, for instance. It makes it much easier for the person who is caring for the child to do what needs to be done. There may be restrictions on legal guardianship though. The guardian usually makes the decisions for the child until a final resolution is made. Legal guardianship is rarely continuing. It is a temporary order that can be taken away at anytime.

These are the basic differences between physical custody and legal guardianship. It is important to note that if you have legal guardianship, you should take steps to make the situation more permanent for the child. That could be getting the child back to the parents home or through adoption. Children need a stable home and legal guardianship does not provide that, only the permanent solution does.

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Tags: parenting, parents, provision, decisions, main source, family member, adoption, interference, legal recourse, foster care, physical custody