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.
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
Emergency child custody occurs when the courts step in to ensure that a child is cared for in the event of danger, explains Lawyers.com. This danger can take many forms such as kidnapping by a parent, abuse, neglect or if a parent becomes incapacitated.Full Answer >
Texas law deems child custody as a conservatorship, which means a parent is referred to as a conservator instead of a custodian, according to FindLaw. Texas law stipulates that a judge must determine the terms of a conservatorship unless both parents agree on a custody plan in writing.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 >
An individual can attempt to establish guardianship of a nephew by obtaining a family law attorney and filing a petition with the court. Consent of both parents, submitting to a home inspection and a criminal background check may be required, according to FindLaw.Full Answer >