What is the difference between guardianship and custody of a child

Skip to main content. You are here Multilingual Legal Guides ». What is the difference between custody and guardianship? To have custody means to be in charge of someone. There are two kinds of custody : physical and legal. The same person often has physical and legal custody — but not always. An incarcerated parent, for example, has a right to appoint whomever he or she sees fit to stand in his or her place as a guardian.

The parent may not, however, transfer custodial rights and obligations without court intervention. If one custodial parent, however, becomes incapacitated, then the appointment of a guardian may become appropriate. The relationship between custody and guardianship can become quite complex. For more information in this area contact a McKinley Irvin family lawyer or read more about the law of child custody.

What is the Difference Between Custody and Guardianship? Posted on July 18, pm. Physical custody is the right to exercise physical control over a child for a defined period of time. Under Missouri law, a child has a right to frequent, continuing, and meaningful contact with both parents in most situations.

Custody is determined in Family Court. Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child "ward" whose circumstances require it, and to make decisions about the child's education, support and maintenance. Parents are the natural guardians for their child and do not need to be appointed by a court.

If necessary, the court may appoint a guardian to take care and control of the ward even though custody has been awarded to the parents.