Do Guardianship Papers Overrule Custody Determination?

Guardianship and custody are similar in many ways, but also different in a few. Each state allows for child custody and guardianship over minors, depending on the circumstances of the case. In many cases, rights cannot be taken from a parent, but that can change depending on what happened. If you are wondering if guardianship papers overrule custody, we will help you gain a better understanding.

What You Need to Know About Parental Rights 

In cases of custody, an arrangement is made between two parents after their divorce. It will explain whom the child lives with and who will make important decisions on their behalf. However, guardianship is different in the way that it involves a more precise order between a guardian and possibly another guardian, where the child is legally placed directly in their care. When a child is born, the parent is automatically seen as the guardian. This can change, however, with a probate order stating that somebody else will be taking guardianship. In these aspects, guardianship does not overrule the parent’s custody unless the parents lose custody.

When a parent is unable to fully care for a child themselves, they can voluntarily award guardianship. In these cases, the parent will still sometimes be able to revoke the authority and gain back custody. Temporary or permanent guardianships can take place at any time. If you want to know more about how guardianship works, you must contact an experienced attorney about your options. Call us today for more information on how we can aid you through the process.