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What Are the Differences Between Guardianship and Child Custody? – Reviewed by Kansas Guardianship Attorney

What Are the Differences Between Guardianship and Child Custody? – Reviewed by Kansas Guardianship Attorney
September 23, 2016 LS_admin

If you have a young child in your life that is in need of care you probably have questions regarding which type of care is appropriate and best suits his or her needs. Unless you are a legal professional, deciding between the two care options can be unclear. Children may require care for a broad spectrum of reasons ranging from both short-term to permanent or for specific, limited periods of times or incidents.

A parent who needs to place another adult in charge of their children and afford them rights similar to their own can be a difficult place for any mother or father. There are different forms of care arrangements available that can provide parents with legal comfort and children with protection. Two of which are guardianship and custody and each have distinct variations from the other.

Applicable Differences in Kansas

The laws that govern guardianship and child custody matters differ from state to state and Kansas has a unique set of applicable laws. Regardless of which type of care you choose for the child, it is important to become aware of critical nuances so you can move through either process seamlessly and without stress. Specifically pertaining to custody, only natural or adopted parents have a legal right to custody of their child. Any other adult who wishes to obtain custody must have it afforded to them through a petition and judgment process with the court system. In addition, guardians are also appointed by the court through the judge’s discretion based on the needs and best interest of the child.

The key difference between the two is the range of ability and rights. Guardianship provides a more limited means of rights in terms of the capacity to make decisions on behalf of the child. In addition, both parents and the court may decide to appoint a guardian, whereas only the court has the power to establish legal custody of a child. Guardianship is available in a variety of forms, including limited, temporary, successor, standby, conservatorship and others. In comparison, custody is only applicable to physical or legal custody. Physical custody pertains to the ability to spend time with the child and legal custody relates to the power to make binding decisions on their behalf. In both custody and guardianship matters, the court will evaluate a variety of factors that ultimately will lead them to make a decision based on the best interest of the child.

Kansas Guardianship Attorney Tom McDowell Can Answer Your Questions Today

Knowing the level of care and the available options for a child in need can be unclear and time-consuming. Kansas Guardianship Attorney Tom McDowell has successfully helped families and loved ones find the appropriate legal care for children over 40 years, and he looks forward to helping your family as well. He understands the questions and concerns you may have and looks forward to helping you establish the guardianship you and your loved one deserves. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can help you successfully appoint a guardian.


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