Category Archives: Family Law

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.