Split custody is a custody arrangement in which each parent is awarded primary physical custody of at least one child. In other words, the children are divided between the parents, with each parent having primary physical custody of one or more children.

For example, in a split custody arrangement, one parent may have primary physical custody of one child while the other parent has primary physical custody of another child or children. This differs from joint custody, where both parents share physical custody of all the children.

Split custody arrangements are less common than joint custody or sole custody arrangements and may be considered in cases where it’s deemed to be in the best interests of the children, such as situations where the children have strong bonds with each parent or have expressed a preference to live primarily with one parent.

It’s important to note that split custody arrangements can have significant implications for co-parenting, scheduling, and child support, and they may require careful consideration and planning to ensure the well-being of all the children involved. Additionally, split custody arrangements may not be suitable for all families and should be evaluated based on the unique circumstances of each case.

Joint legal custody refers to a custody arrangement in which both parents share the legal rights and responsibilities regarding major decisions affecting their child’s life, even though the child may primarily reside with one parent. Here’s what joint legal custody typically entails:

Speak With Our Guardianship Lawyers in Arizona

Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

When a child has a legal guardian, the guardian’s role differs from the parent’s role. The parent should understand how the guardian serves the child’s needs. Teachers, doctors, extended family and babysitters may also need to know what the guardian can do. Have questions about obtaining legal guardianship in Phoenix or Scottsdale Arizona? Contact Canterbury Law Group’s Guardianship Lawyers today.

Guardianship versus parental rights

Guardians and parents have their own roles. The fact that the child has a guardian does not mean the parent has no rights.

Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.

After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child.

In some circumstances, a court may suspend or terminate a parent’s rights. However, that is separate from appointing a guardian.

Legal guardian versus biological parent: Who has custody?

Guardianship and custody are distinct concepts. Usually, a parent continues to have custody even after a legal guardian is appointed. This is true whether the parent is biological or adoptive. The guardian may provide care for the child despite not having custody.

It is possible that a judge will later award custody to the guardian. This would be a new request and a separate legal process. Probate courts determine guardianship. Family courts determine custody.

Guardianship and parental visitation

Parents may have the right to visit their child while the child is living with the guardian. The details of a guardianship will depend on family circumstances.

Does the parent choose the guardian?

When a parent needs someone else to provide care for their child, they may consider a guardian. Appointing a guardian can be a responsible choice.

One way to tell the court in advance whom you want as guardian is to put this information in your parenting plan. This way your wishes are in a legal document signed by both parents, and the court can reference it if you die or become incapacitated.

If you are still alive and want to appoint a guardian, you can instead go to your court for the appropriate forms.

When a parent chooses to appoint a guardian, they can ask the court at any time to revoke the guardianship. They can also appoint a new guardian.

If the child’s well-being is at risk, the court may appoint a guardian against the parents’ wishes. The court order establishes the details.

A guardianship is temporary

Parenthood, whether biological or adoptive, is a permanent status. By contrast, guardianship is temporary. This is another way in which guardianship of a minor child is different from parenthood.

A court order begins and ends the guardianship. The order may set the guardianship to expire on a certain date. Otherwise, the order is valid until a judge updates it.

If a guardian cannot or will not continue to serve in their role, they must go to court to request a change. Sometimes the parent, too, has the right to bring an end to the guardianship. If the court approves, the guardianship can end.

Can the legal guardian parent the child, too?

Legally, a guardian is not a parent. As such, the guardian’s rights and responsibilities are not called parental rights. A guardian is a designated nonparent who protects the child’s interests.

The parent may keep their right to make long-term, major decisions. A court order specifies the unique details of each guardianship.

Despite not being a parent, the guardian often plays roles that are typical of parents. For example, a guardian may provide housing, oversee homework and take the child to the doctor. When considering the child’s daily care, the guardian may have the right to override the parents’ wishes.

Does the guardian pay for the child’s care?

Sometimes, a parent pays child support to the guardian. A child may also have their own income through government support or an inheritance. The guardian may be allowed to use this money for the child’s needs if they keep track of the spending.

In other situations, the guardian alone pays for the child’s needs. Just because a guardian spends money on the child does not mean they have more rights than the parent.

Does guardianship lead to adoption?

On its own, guardianship does not lead to adoption. In some circumstances, however, a guardian may apply to adopt the child. This is a separate process. Guardianship is not the same as adoption.

As part of the adoption process, a judge examines the biological parents’ statuses. Their parental rights (if any) are terminated when someone else adopts their child.

When the adoption is finalized, the guardian becomes the parent. This is a permanent status. Anyone who becomes an adoptive parent gains parental rights.

Guardianship and custody are legal arrangements concerning the care and well-being of a minor, but they have distinct differences:

Who they apply to:

• Custody: Refers to the legal responsibility for raising a child, typically awarded to biological parents, though it can also be granted to stepparents or other relatives through legal processes.
• Guardianship: Applies when someone other than a biological parent or legal custodian needs to make decisions about a child’s care and welfare. This can be due to various reasons, like the parents’ incapacity, incarceration, or death.

Scope of responsibility:

• Custody: Grants decision-making authority in various areas, including education, healthcare, residence, extracurricular activities, and religious upbringing. In some cases, it also covers financial support.
• Guardianship: The scope of responsibility can vary depending on the specific case and court order. It may encompass daily care decisions (food, clothing, shelter), medical care, education, and some legal decision-making, but not necessarily all aspects of raising the child.

Duration:

• Custody: Typically intended as a long-term arrangement, aiming to provide stability and continuity for the child. However, custody orders can be modified if circumstances change significantly.
• Guardianship: Can be temporary or permanent depending on the situation. For temporary guardianships, the goal might be to reunite the child with their biological parents once they regain capacity. Permanent guardianships may be necessary if long-term care is required.

Legal standing:

• Custody: Legal custodians have legal authority to make decisions for the child and represent them in court.
• Guardians: Have varying levels of legal authority depending on the specific court order. They may require the biological parents’ consent for certain decisions, especially if the parents retain some parental rights.

Here’s a table summarizing the key differences:

Remember:

• The specific details of custody and guardianship agreements can vary depending on the individual case and state laws.
• Consulting with a lawyer experienced in family law is crucial for understanding your rights and responsibilities and navigating the legal process related to either custody or guardianship.

Guardianship:

1. Definition:
   • Guardianship is a legal relationship in which an individual (the guardian) is appointed by the court to make legal and personal decisions for another person, usually a minor (the ward) or an incapacitated adult.
2. Court Involvement:
   • Guardianship is typically established through a court process. The court evaluates the need for a guardian, and if deemed necessary, it appoints a suitable person to act as the guardian.
3. Decision-Making Authority:
   • The guardian has the authority to make legal, financial, and personal decisions on behalf of the ward. This can include decisions about education, medical care, and overall well-being.
4. Termination:
   • Guardianship may continue until the ward reaches the age of majority (18 years old) or until the court determines that the guardianship is no longer necessary.
5. Applicability:
   • Guardianship is often used when a child’s parents are unable or unwilling to care for the child or when an adult lacks the capacity to make decisions for themselves.

Custody:

1. Definition:
   • Custody refers to the legal right and responsibility of a parent to care for and make decisions on behalf of their child.
2. Court Involvement:
   • Custody arrangements can be established by agreement between the parents, but they may also be determined by a court order in cases of divorce, separation, or when parents cannot reach an agreement.
3. Decision-Making Authority:
   • Custodial parents have the authority to make day-to-day decisions for the child, including those related to education, healthcare, and general upbringing.
4. Termination:
   • Custody typically continues until the child reaches the age of majority, and it may be subject to modification by the court if circumstances change.
5. Applicability:
   • Custody is primarily associated with the relationship between a child and their biological or adoptive parents. It may involve sole custody, joint custody, or visitation rights.

Key Distinctions:

1. Legal Relationship:
   • Guardianship involves a legal relationship established by the court, while custody is a legal right granted to parents.
2. Decision-Making Scope:
   • Guardianship often grants broader decision-making authority, including financial and personal decisions, while custody focuses on the day-to-day care and upbringing of the child.
3. Origins:
   • Guardianship can arise in situations where there is no biological or adoptive parent available or suitable to care for the child. Custody is typically associated with parental rights.

Custody and guardianship are not the same thing. Although they are not interchangeable, both are made to ensure that kids receive the care they need.

There are other characteristics that set the two apart, but the primary distinction is that custody is usually based on parentage.

A legal guardian: what is it?

A person designated by a court to look after a child and make decisions that are best for them is known as a legal guardian. The phrase’s legal component is not always required; it merely indicates that the guardian has been approved by a judge.

Each type of legal guardian has different authority and responsibilities.

A person’s guardian is in charge of a child’s welfare and makes decisions on the child’s behalf. The guardian is responsible for providing for the child’s basic needs, including food, housing, healthcare, and education.
The guardian of the estate is in charge of a child’s money. Guardianship of the person and the estate is typically assigned to the same guardian.
A foster parent is an example of a temporary guardian, or interim guardian. Compared to guardians of the person and of the estate, they have less authority, and they must obtain the consent of the court before taking certain actions on behalf of the child.
By default, parents are their children’s guardians. However, a court may name a guardian for a child whose parent is absent or unfit to raise them.

After a guardian is appointed, parents typically keep their parental rights and may petition to take on the role of guardian once more.

What is a caretaker?

A child is under the custodian’s custody. Usually, they are the child’s parents, but they could also be relatives or someone else who has a close relationship with the child.

Physical and legal custodians are the two categories of custodians.

The parent who resides with the child and is responsible for their primary care is the physical custodian. When parents share physical custody, they both have to put in a lot of time caring for the child.
The parent with the power to make decisions on behalf of their child is known as the legal custodian. When parents have joint legal custody, they can decide jointly or separately.
Parents have the option to jointly draft a parenting plan that specifies their custody agreement.

The distinctions between custody and guardianship
States differ in how they define guardianship and custody. However, generally speaking, the primary distinctions between the two are who can fill each role, what those roles entail, and how long the arrangement will last.

As previously discussed, guardianship is assigned to an individual other than a parent, whereas custody is given to parents or someone with a parental relationship.

Guardians have more limitations than legal custodians, who make all significant decisions for a child. A guardian typically only makes routine decisions that have an impact on the welfare and care of the child.

Final custody orders are regarded as permanent, even though a court may alter custody at any point until the child reaches legal maturity. In contrast, guardianship is frequently a transient arrangement. A parent may designate a guardian while they are ill, for example.

Comparisons between custody and guardianship
The terms custody and guardianship have a lot in common. Both are established by a court and pertain to legal relationships with children.

The daily responsibilities of a custodian and a guardian typically don’t differ all that much. These consist of:

supplying the child with food, clothing, shelter, medical attention, and education
Keeping the youngster safe
The child’s best interest is always the court’s primary consideration when selecting a guardian or custodian.

There are various forms of custody. After a divorce or legal separation, a child’s living arrangements are referred to as physical custody. It’s crucial that both parents are aware of what these phrases represent and how their custody agreement may be used to impose obligations on them.

Depending on the situation, different agreements will be made for child custody and parental rights. Prior to a custody dispute, parents should be aware of the different types of custody.

The physical custody of a kid is described in general terms in the paragraphs that follow. In the broader context of custody disputes, it also analyzes what physical custody entails.

How Does Physical Custody Work?

The legal and practical obligation of a parent or guardian to give a kid a home is referred to as physical custody. It is frequently decided in family court as a component of a custody dispute. A custody agreement or court decree specifying the parameters of custody may be used for this.

The child’s everyday residence is referred to as having physical custody. It involves making choices on the child’s daily schedule and upbringing, including food, clothing, and bedtime. The court has the discretion to award sole physical custody to one parent. Physical custody may also be shared by both parents. Legal custody is distinct from physical custody.

Legal custody is the authority to make crucial choices regarding a child’s upbringing. Decisions about extracurricular activities, healthcare, and education may fall within this category. A single parent may also be given sole legal custody by the court. Joint legal custody is another option when both parents share custody.

The Child’s Best Interest Standard

The child’s best interests will ultimately take precedence when deciding who will have primary custody of your child. This is the fundamental principle when considering custody arrangements.

This criteria is used by the courts to decide what arrangement will best serve the needs and interests of the kid. The courts will take into account things like domestic violence and drug abuse. When deciding on legal and physical custody, they will also take into account each parent’s capacity to make important choices for the kid.

Schedules for custody and visitation will also be outlined in the parenting plan. The custody arrangement is used to calculate child support. Every child custody dispute is framed by the best interests of the kid criteria. It is utilized to make sure that the welfare of the child comes first.

Right to visitation

The majority of contemporary custody agreements favor joint custody between the parents. This holds true unless one parent is deemed “unfit.” A parent is referred to as “custodial” if they have primary physical custody. The “non-custodial” parent is the other parent. They might be given visitation (sometimes known as “parenting time”) rights.

Some states also provide grandparents certain visitation privileges.

Solitary Custody

But occasionally, the court will grant sole custody to one parent. A parent who is granted sole custody of a kid has the child’s sole physical and legal custody.

Only when the other parent is deemed unsuitable or incapable of raising the child does the court normally grant sole possession. Abuse, drug addiction, and criminal activity are a few examples. The court might provide the other parent some visitation if one parent had sole custody, but it would be far more restricted than in a shared legal/physical custody arrangement.

Do You Need Assistance With a Physical Custody Dispute? Get Legal Assistance Now

A decision about physical custody is usually problematic emotionally. An experienced lawyer will understand how to cooperate with the court to obtain the greatest result for your child. They may be able to offer you useful legal counsel relevant to your particular circumstance.

Find a family law attorney in your area who has experience resolving custody disputes by starting your search right away.