Guardianship and custody
In this article we will provide you the difference between guardianship and custody Similarities and FAQs.
what does guardianship mean
Guardianship is a legal figure that is regulated in the Civil Code of most countries. It is intended to promote and protect the rights and interests that a person cannot defend on their own. Guardianship falls on those incapable or unimputable persons, such as minors, the elderly or other groups with some mental or physical limitation. The designated guardian -usually the father- will have the legal responsibility to manage the ward’s assets and ensure her health, education and personal development. In addition, he will organizational culture. Only with this data will HR be able to represent them before third parties when it is necessary to do so in court or in any legal deal.
What does custody mean?
Custody is the action of caring, protecting and watching over something or someone. It is a legal concept that refers to the surveillance and administration of an asset, generally money or property, for the benefit of another person. This custody can be granted by the parents to their minor children (guardians), as well as in judicial cases where the court appoints a guardian to carry out any type of transaction during the legal process. Custody is mainly intended to guarantee the legal and financial interests of the client involved, whether they are natural persons or legal organizations.
Similarities Between Guardianship and Custody
The words guardianship and custody share the idea of a legal responsibility, generally related to minors. A guardian is someone who assumes the legal care of a child or adolescent if the biological parents have died or are unable to fulfill their obligation. Custody refers to who will have direct control over the child/adolescent in practical terms, either physically or financially. There are also similarities between the two words., such as the need to protect the interests of the minor involved; however, each term has its own distinctive legal features. For example, guardianship grants the guardian the power to make vital decisions for the child/adolescent related to her education and health without consulting the biological parents; while custody mainly involves deciding where the child/adolescent lives and what level of access other family members have to him/her.
Differences between guardianship and custody
Guardianship is a legal figure that refers to the power of an adult to represent a minor in order to protect their interests, assets and rights . For its part, custody refers to the legally recognized exercise of physical or personal care of children by their parents or legal guardians. Guardianship is limited to the defense and control over legal matters related to the minor, while custody encompasses all aspects of the physical and emotional care of the child.
Frequent questions about guardianship and custody
What is the protection of a right?
The guardianship of a right is the legal mechanism to assert and protect individual or collective rights. This implies that the owner of the right can defend it in case of conflict, either through judicial or administrative channels, by filing legal actions such as lawsuits, appeals and protections. Guardianship is regulated by the laws in force in each country.
Who can ask for guardianship?
Guardianship may be requested by a legal representative, such as a parent or guardian, to protect the rights and well-being of a minor. Other close relatives, licensed professional social services and legal aid staff members appropriate to the particular situation may also apply for guardianship.
What is the object of guardianship?
Guardianship is a legal mechanism that seeks to protect the rights of a person, whether physical or legal. This protection is applied to ensure compliance with legal and contractual obligations established between two parties.
What is custody?
Custody means being in the legal custody of an adult. This usually occurs when minors are deemed unsuitable to live with their parents, and are assigned to a legal guardian who is responsible for their welfare and care. Children may have court-appointed legal guardians, family members, close friends, or members of non-profit organizations certified by the local government.
What kind of custody are there?
There are several types of custody, including joint custody, sole legal custody, partial custody, and temporary custody. Joint custody means that the parents have both legal responsibilities with respect to the upbringing of a child; this means that the two of you will have equal rights to make important decisions related to the welfare of the child. Sole legal custody gives the legal rights and responsibilities of parenting to a single parent. Partial custody refers to the fact that the other parent may have limited time to visit the child but has no legal responsibility for the child.
