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
Grandparents may get temporary custody of grandchildren by going through a process of submitting an application and receiving legal approval, typically accomplished through at least one court hearing. The specifics of temporary custody of grandchildren vary among states since the issue of custodianship falls within the domain of state power as opposed to federal power. Receiving temporary custody allows grandparents to have the rights to care for grandchildren when children would otherwise not have legal guardians or be in unsafe situations.Full Answer >
A child custody letter should include information explaining to a judge how the chosen guardian can provide care that is in the best interest of the child, according to Nolo. In the case of conflicting guardianship claims, a child custody letter should explain why one choice of guardian is preferential to the other.Full Answer >
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 >
The major factors to consider when writing a custody letter include providing examples of child-parent interaction, creating a friendly tone and explaining your relationship with the parent, according to The Law Dictionary. Also, mention qualities of the person that benefit the overall welfare of the child or children.Full Answer >