Understanding the distinction between custody and guardianship is helpful for anyone dealing with these complex family law issues. While both involve caring for a child, they differ in legal rights and responsibilities. Knowing these differences helps parents and guardians make informed decisions that best support a child’s welfare and legal needs.
Custody vs. Guardianship
Although custody and guardianship confer legal rights over a child, they represent distinct legal concepts. Custody gives a person the legal status of a parent. In Michigan, it has two components: physical and legal. Physical custody refers to the right to have a child reside with the parent and to control the child’s location. Legal custody refers to the right to make decisions concerning the child’s upbringing, such as education, healthcare, and religious or moral instruction.
Conversely, guardianship gives an adult the authority and responsibility to care for a child, including ensuring the child has food, clothing, shelter, healthcare, education, and other material needs. However, a guardian does not assume the legal status of a parent. Furthermore, courts typically intend for guardianship to provide a temporary solution for a child who needs someone to care for them. Guardianship does not automatically revoke a biological or legal parent’s right to resume care and custody of their child.
Courts may also use guardianship to appoint someone to protect a legally incapacitated adult. Adult guardianships typically work together with conservatorships, which appoint someone to protect an adult’s legal and financial interests.
Michigan Custody and Guardianship Laws
The Michigan Child Custody Act of 1970 governs how courts must resolve disputes over child custody. Michigan law also has provisions that govern guardianships.
Courts can grant sole or joint custody over children. Sole custody means only one parent can exercise physical or legal custody, whereas joint custody requires parents to share parenting time and decision-making responsibilities.
Courts typically grant full guardianship over children, which gives guardians the authority to care for them as their parents would. However, courts can also establish guardianships for limited purposes, such as appointing someone to manage a child’s financial affairs if the child receives a significant sum of money from a personal injury award or inheritance.
Custody and Guardianship Process in Michigan
In Michigan, courts make custody and guardianship determinations based on the child’s best interests. In custody cases, courts must consider factors such as the nature of the parent-child relationship, the parent’s capacity to care for the child, the stability of the proposed home environment, the child’s educational and community ties, and the child’s reasonable preferences. Courts also must consider a proposed guardian’s suitability and willingness to serve.
Rights and Responsibilities in Custody and Guardianship
Custody and guardianship confer various rights and responsibilities. For example, legal custody and guardianship give the right to make decisions on behalf of the child. However, courts can restrict guardians’ authority, such as by requiring guardians to obtain court approval for certain decisions. Physical custody and guardianship also require adults to assume financial responsibility and day-to-day supervision and care of a child, including ensuring the child has food, clothing, and shelter and meeting the child’s other physical, educational, and emotional needs.
Contact a Michigan Family Law Attorney Today
When you need to pursue custody or guardianship for a minor child in your family, Berlin Family Law Group can help. Contact us today for an initial consultation with a family law attorney in Troy, Michigan, to discuss how our firm can assist you with securing custody rights or guardianship in Michigan.
