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
Joint legal custody means that both parents have rights to participate in all important decisions concerning their children, reports About.com. A parent who feels the other parent is not honoring a joint legal custody agreement can request a judge to enforce it, states Nolo.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 >
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 laws regarding child custody orders and their filing procedures vary across the United States depending upon the jurisdiction, but some states provide forms which can make it relatively easy to apply for a temporary child custody order. The state government website can be a good source of both filing information and forms. Separating spouses who are able to maintain an amicable relationship during the divorce and child custody proceedings may be able to draw up temporary custody agreements on their own and without a court hearing or a need for an attorney, as noted by the Law Dictionary website.Full Answer >