Full question:
What is the difference between legal custody and legal guardianship of a minor in the state of Ohio?
- Category: Minors
- Date:
- State: Ohio
Answer:
A custodial parent is the parent who is given physical or legal custody of a
child by court order. There are two kinds of custody: legal custody and
physical custody.
Custody issues most often arise in a divorce or separation, requiring a
court's determination of which parent, relative or other adult should have
physical and/or legal control and responsibility for a minor (child) under 18.
When both parents share custody of a child after a divorce it is called joint
custody. Joint custody may be either legal or physical custody. Physical
custody, designates where the child will actually live, whereas legal custody
gives the custodial person(s) the right to make decisions for the child's
welfare. Child custody can be decided by a local court in a divorce or if a
child, relative, close friend or state agency questions whether one or both
parents is unfit, absent, dead, in prison or dangerous to the child's well-
being. In such cases custody can be awarded to a grandparent or other
relative, a foster parent or an orphanage or other organization or institution.
A guardianship is a legal relationship created when a person or institution
named in a will or assigned by the court to take care of minor children or
incompetent adults. To become a guardian of a child, either the party
intending to be the guardian or another family member, a close friend or a
local official responsible for a minor's welfare will petition the court to
appoint the guardian. The guardianship of a minor remains under court
supervision until the child reaches majority at 18. The judge does not have
to honor the request when someone is named in a will as guardian of one's
child in case of the death of the parent, it is construed as a preference, but is
usually honored.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
