What is the difference between legal custody and legal guardianship of a minor in the state of Ohio?

02/01/2007 - Minors - State: OH #973

Full Question:

What is the difference between legal custody and legal guardianship of a minor in the state of 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.



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02/01/2007 - Category: Minors - State: OH #973

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