While both guardianship and custody arrangements are designed to ensure children have proper care, these roles are not interchangeable. Let’s take a look at the similarities and differences between the designations.
What Is A Legal Guardian?
A legal guardian is an individual who is appointed by a court to care for a child and act in the child’s best interest at all times. Of course, the legal part of the phrase is not always necessary, as it simply shows that the guardian is legally recognized by a court.
Both responsibility and authority of the legal guardian can vary by type of guardianship. Here’s a quick overview:
- An interim guardian is a temporary guardian, equivalent to a foster parent. This individual will have limited power compared to other guardianships. They will need a court’s approval before making significant decisions for the child.
- A guardian of the person is responsible for the well-being of the child and for making decisions on their behalf. The guardian needs to attend to the child’s daily needs, including housing, food, education, and health care.
- A guardian of the estate will oversee a child’s finances. Typically, guardian of the estate and of the person are given to the same individual.
LEGAL GUARDIANSHIP TYPES
Below are the two types of legal guardianship that someone can petition the court for in Arizona.
TITLE 14 GUARDIANSHIP
Also referred to as probate guardianship, Title 14 guardianship, is the easiest guardianship type to obtain. An individual must have the express consent of both parents in order to get this guardianship. One exception to this rule is if both parents have either had their rights legally terminated or if a parent is deceased.
Title 14 is oftentimes temporary and put in place when a parent is deployed or out of town. This type could also be used for appointing a guardian through someone’s will. This guardianship is typically granted through probate court. For example, a child aged 14 or older can tell the court whether they wish to have a guardian, and who they would like as a guardian, according to the Arizona Supreme Court. A child of this age or older is also able to petition the court to have a guardian removed.
TITLE 8 GUARDIANSHIP
Title 8 guardianships will not require consent of both parents. They can be a more challenging type of guardianship to obtain, though. If someone believes that it is not in the best interest of the child to remain with one or both legal parents, he or she can petition for guardianship via juvenile court.
Unlike Title 14, Title 8 guardianships are permanent. If a parent happens to disagree with the guardianship, testimony and evidence can be submitted to court and a judge will determine what is in the child’s best interest. A guardian may be appointed under Title 8 if the child is deemed a dependent minor, has remained in the custody of the potential permanent guardian for at least nine months, and if reasonable efforts have been made to reunite child with the biological parents.
What Is A Custodian?
An individual with custody of a child is a custodian. They are usually the child’s parent, but they could also be a family member or other person with a strong connection to the child. If desired, parents can create a parenting plan together, detailing their specific custody arrangement.
Child Custody Types
There are many different types of custody arrangements outlined below.
LEGAL CUSTODY
Legal custody refers to the situation in which one or both parents are accountable for the child’s upbringing, including the following:
- Where they will attend school and access other educational resources.
- Participation in any extracurricular activities.
- Health care, which includes vaccinations and mental health care.
- Religious instruction/practices.
SOLE LEGAL CUSTODY
When you have sole legal custody of your children, you can legally make all child-related decisions without consulting the other parent. If you want sole legal custody, though, you will have to convince the judge that this situation is in the children’s best interests. You could have a case for sole legal custody if:
- One parent is unfit to make wise decisions regarding the children due to mental illness or untreated substance abuse.
- One parent does not take an interest in the children’s lives.
- One parent is abusive.
- Hostility/fighting between parents makes it hard for a joint custody agreement to work.
JOINT CUSTODY
Also known as joint legal custody or joint physical custody, this kind of custody necessitates the submission of a parenting plan to the judge by both parents. In most states, the custody situation is the default immediately following a divorce.
If you and your spouse work out a parenting agreement prior to or during the divorce process, you can include details on how you will communicate with each other during decisions made regarding the child’s best interest.
Unfortunately, joint custody can sometimes lead to post-divorce battles whenever parents have strong disagreements. In the worst-case scenarios, a judge could decide to award sole legal custody to one parent.
PHYSICAL CUSTODY
This type of custody refers to the right of parents to live with and take care of their own children on a daily basis. As with all custody decisions, judges will consider which custody or parenting arrangement would be in the best interest of the children.
SOLE PHYSICAL CUSTODY
Your children will live with you full time when you have a sole physical custody agreement. A judge will typically award sole physical custody to one parent when the other parent:
- Is incarcerated.
- Is unfit to live with the children due to child abuse or neglect, substance abuse or serious mental illness.
- Is unable to provide the children with a safe housing situation.
- Lives extremely far away from the other parent.
JOINT OR SHARED PHYSICAL CUSTODY
When a court awards joint physical custody, the kid’s physical residence is divided between the parents in such a way that the youngster has essentially equal time and contact with both parents. When parents share joint legal custody or when one parent is given sole custody, joint physical custody may be awarded.
Shared custody, though, does not always mean a 50-50 split. Children will often live primarily with one parent, yet spend overnights at the other parent’s home. This will usually happen on weekends or during school vacations. In this type of arrangement, one parent is considered the custodial parent, with the other considered the noncustodial parent.
In 50-50 splits, children will most likely spend four nights with one parent and three nights with the other. It is possible for the parents to agree on alternating weeks, months or longer periods of time to see their children.
Similarities Between Guardianship And Custody
There are many similarities between custody and guardianship. For example, both are determined by a court and both are legal relationships to a child. Here’s a look at the daily duties of both a guardian and custodian:
- Protecting the child from harm.
- Providing the child with basic necessities like food, clothing, shelter, education, and health care.
Differences Between Guardianship And Custody
Differences of these two titles can vary by state. In general, the main differences between the roles are the length of the arrangements and main responsibilities. Custody is granted to parents or to an individual with a parent-like relationship to the child.
Legal guardians are responsible for making all the important decisions for the child, while typically facing more limitations.
Child Custody Lawyers In Scottsdale, AZ
The High Desert Family Law Group should be your first choice when you need the best child custody lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.
