According to the 7th Judicial Circuit Court of Clay County, Mo., custody is a legal arrangement made by the court for the parents of a minor child. Guardianship is a court-ordered arrangement for the care of a minor child by a qualified third party. Guardianship is assigned to a qualified adult when a minor's parents are unwilling or unable to fulfill their obligations as parents.Know More
The court further explains that in Missouri, custody is determined in family court while guardianship is awarded by a probate court. Guardians are often close family friends or adult relatives of the minor. A guardianship is awarded by the court when the child's parents are deceased or deemed unfit by the court. Guardians are required by law to act in the best interests of the child and make decisions regarding education, support and care until the child turns 18 years old and guardianship is terminated.
The court also notes that the minor's parents are legally considered to be the child's guardians and thus do not have to be appointed by a court. Custody is determined by the court when the parents divorce or otherwise do not live and work together as a parental unit. Typically the parents are given joint custody by the court, an arrangement where both parents are both allowed to provide for and spend time with the minor. In Missouri, custodial arrangements are determined based on what is in the best interests of the child.Learn more about Child Support & Custody
Changes to a temporary custody order can be made by filing a petition for modification in court. In this case, a hearing is held and evidence for changed circumstances must be shown, states Lawyers.com. A modification may also be sought through a petition for a habeas corpus proceeding.Full Answer >
When parents violate court-ordered visitation, they may be ordered to appear in court and may be found in contempt of court, which may lead to jail time and ultimately the loss of custody rights, according to LegalMatch. The non-violating parent must first file a petition for enforcement.Full Answer >
Attorney Gregory S. Forman explains that at a temporary custody hearing, the court uses affidavits, pleadings and financial documentation to determine the short-term custody arrangement between parents. If one of the parents can prove extenuating circumstances, the court may also allow testimony to be heard during a temporary custody hearing. The temporary custody order is in effect until a permanent custody arrangement is determined at trial.Full Answer >
Temporary legal custody of children is most often awarded in divorce court to one of the child's parents, Lawyers.com explains. This order is effective until the Court rules on permanent custody. Guardianship is awarded to non-parental parties under special circumstances, notes LegalMatch.Full Answer >