Often, a situation arises in which neither of the child’s biological parents is able to care for him or her. It then becomes necessary for a non-parent to take legal steps to be appointed guardian or custodian of the child.
The terms “guardianship” and “third-party custody” are often used interchangeably. However, although the concepts are similar, it is important to be aware of the differences between the two. This is imperative to help you figure out which option fits your needs, should you find yourself in this situation.
The major differences between guardianships and third-party custody are as follows:
It is important to be aware that neither process requires termination of parental rights of the biological parents. Other important differences between the two court actions are:
In guardianships and third-party custody, the court is looking out for the child’s best interests. Sometimes that means the child returns to the custody of one or both parents. Other times, the child remains with a guardian or third-party custodian. But the decision will always be made by the court with the child’s best interests served.
With a combined 30 years in family law, the attorneys at Jones Family Law Group, LLC, will provide the legal guidance you need. For questions or to schedule a confidential consultation, contact us today.
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