Divorces, extended leaves of absence, and unfortunate events all raise the debate between child custody and legal guardianship. Though they may seem the same, there are key features that distinguish each, and if you’re pursuing either, they’re important to understand. According to the legal team at Hildebrand Law Office PC in La Fayette, GA, navigating family law can be overwhelming, which is why it’s imperative to have an attorney at your side when dealing with child custody or legal guardianship.

Child Custody vs. Legal Guardianship

Child Custody

Child custody typically exists between the parents, though third-party custodians can be appointed. A court will decide who takes custody based on the child’s best interests, and it will be in the form of legal, joint, or physical custody. With legal custody, the parent is given complete control over all decisions made for the child, such as school and health care, whereas joint custody is shared between parents, and physical custody is awarded to the parent the child resides with. If you intend to petition for child custody, always hire a family law attorney to help you with the process.

Legal Guardianship

Like child custody, legal guardianship is appointed by a court. It is usually reserved for situations in which the parents are unable to care for the child. However, in some circumstances, the biological parents may have custody, but a guardian will be appointed to make decisions for the child. Typically, guardians are only given authority to make day-to-day decisions, but their relationship with the child can last up until they turn 18.

Whether you’re pursuing child custody or a legal guardianship, it’s essential to have a family law attorney at your side, so turn to Hildebrand Law Office PC for assistance. For over 16 years, they’ve provided comprehensive services for clients seeking custody and will work closely with you to achieve a positive outcome. Call (706) 638-6009 today to schedule a consultation, and visit their website to learn more about their practice.