A lot of the time people confuse Guardianship with Child Custody. These two things are not the same and in this blog we will be looking at the difference between Guardianship and Custody in The State of Michigan. There are thousands of guardianship cases filed each year, it is important to be informed about these kinds of things so that you are better prepared for any kind of situation regarding guardianship or child custody.
Child Custody
There are two types of custody in Michigan, The first is legal custody and the other is physical custody. Physical custody is when a parent is allowed to have the child live with them by order of the court. Legal custody is when a parent is chosen to make important decisions for the child which includes school choice, health care, licenses, and other important factors that will directly impact the child’s life.
Then there is sole custody and joint custody. Sole custody is when one parent has full responsibility for the child, the other party was not given any parenting time or visitation. Joint legal custody on the other hand is when both parents share equal responsibility and authority over the child. This allows both parents to still raise their children while being divorced.
Guardianship
Guardianship is often handled through the probate court and is set up where the court allows someone on a temporary basis to have caring control over a minor child. In order to get guardianship in Michigan, you would have to file a petition before the court. Guardianship comes about when an individual needs to take care of another individual, this individual may be a child or an elderly person, basically someone who cannot live on their own and take care of themselves.
The court will do a few things to determine guardianship; The court will set up a hearing to determine whether or not that person needs a guardian and they will need to determine if you, as the petitioner, are a suitable guardian. If there are multiple family members that are eligible to be the guardian, the court can deny all guardianship if they think unfit and assign its own guardian that the court believes is trustworthy.
What is the Difference?
With custody one or both parents are in the picture if a child is involved. Custody is when a parent has the right to raise the child and make decisions for them. Custody can be given to either parent if they are fit and the court sees that they are an appropriate choice to raise the child. Guardianship is when anyone close to the family or child wants to take the said child and care for them and raise them. This could be a family member or a friend, this does not involve either of the parents. Typical issues that need guardians appointed are:
- Elderly persons with medical issues
- Accident victims
- Children without parents
- Mentally unstable adults
Conclusion
Knowing the difference between Guardianship and Custody will help you in the long run when it comes to getting your child or loved ones the best possible care. These matters can be stressful and draining so it is important to contact our attorneys immediately if you have any questions about guardianship or custody in The State of Michigan. If you need to file a petition for guardianship or request more information about the process, it is best to speak with Goldman and Associates Law Firm today.
Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Guardianship in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.
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