What Is the Main Difference Between Guardianship and Custody in California?
Caring for a child can involve big legal decisions. In California, guardianship and custody are two options that might apply to a family’s situation. While both can involve the child’s daily care, they work in different ways.
Knowing which one fits your case can help you provide the most stable environment for the child. If you navigate these complex issues, consulting with a Beverly Hills child custody lawyer can provide invaluable guidance in making informed decisions.
Below, we’ll talk about how guardianship and custody differ, why you might need one rather than the other, and what to remember when deciding.
Guardianship in California
A guardianship is set up when someone who isn’t the child’s parent steps in to care for them long-term. This usually takes place in probate court. Once guardianship is granted, the guardian has the authority to make big decisions for the child. These can include schooling, medical treatments, and day-to-day needs. Parents don’t always lose their rights—sometimes they can still visit, and sometimes they can ask the court to end the guardianship later.
People often seek guardianship if the parents can’t take care of their child because of reasons like a serious illness, military deployment, ongoing substance abuse issues, or death. The court wants to ensure the child is safe and has a stable home, so it may give a non-parent legal permission to act as a parent figure.
Custody in California
Custody mainly involves a child’s parents. It decides two key points:
- Physical custody: Where the child lives daily. One parent may have the child most of the time, or the child can split time between both parents.
- Legal custody: Who gets to make important choices about the child’s healthcare, education, and general upbringing.
Custody matters usually come up in family court. This is common during divorces or when unmarried parents separate. California law focuses on the child’s best interests, aiming to keep a child connected with one or both parents unless that would be unsafe. Courts can create a plan that shares custody in different ways, depending on each parent’s ability to care for the child and other factors.
Are There Differences in the Legal Processes?
The courts that determine custody and guardianship are not the same. Custody typically happens in family court as part of a divorce or separation case. The process involves:
- Filing a petition: A parent or guardian files a petition for custody in family court.
- Mediation: Many California courts require parents to attend mediation to resolve disputes amicably.
- Court hearing: If mediation fails, a judge will decide custody. The judge will review evidence, including the child’s best interests.
- Final order: The judge issues a custody order outlining legal and physical custody arrangements.
It is important to note the process for guardianship is different. In general, guardianships require:
- Petition for guardianship: The potential guardian files a petition with the court.
- Court investigation: The court investigates whether the proposed guardian can meet the child’s needs.
- Hearing: During the hearing, the court reviews evidence about the biological parents’ fitness, the guardian’s suitability, and whether court intervention is necessary.
- Guardianship order: If the court approves the petition, the guardian assumes care for the child.
A key difference in guardianship is that courts often require periodic reviews.
What Factors Do Courts Consider?
In custody cases, the court considers:
- The child’s best interests;
- Each parent’s ability to provide a stable home;
- History of abuse or neglect; and
- Cooperation between the parents.
The court will also consider their preference if the child is mature enough. In guardianship cases, the court evaluates:
- How vital it is to remove the child from the current situation;
- Whether the guardian can provide adequate care;
- The parent’s circumstances, including substance abuse or incarceration; and
- The relationship between the child and the guardian.
As with custody, courts will consider the child’s preference when the child is mature enough to decide.
Can Custody and Guardianship Change?
A court can modify a custody agreement at the parents’ request or when there is a significant change in circumstances. Some of the most common causes of custody modifications are life events such as relocation or remarriage. Other conditions are more dire, such as when a parent can no longer care for the child.
Guardianship terminates automatically when the child turns 18. However, a court may also terminate the agreement early when appropriate.
Understanding the Main Difference Between Guardianship and Custody in California
Knowing the subtle nuances of family law can help individuals involved in custody disputes. Knowledge of the law is also critical in guardianship cases, as courts are more critical of non-biological “parents.” A key difference between the two is that custody grants rights to parents, while guardianship typically takes them away from a parent.
Custody is often more flexible due to being an agreement between the biological parents. Courts are wary of guardianship, as it often comes into play in dramatic situations when a child’s needs are not met. The two are similar in that they are both designed to ensure that children receive the care they need in the best possible environment.
If you have questions about custody or guardianship in Beverly Hills, California, you should speak to an attorney with experience in California family law.
Contact a Beverly Hills Child Custody Attorney Today
In California, the main difference between guardianship and custody is who gets the authority and under which court system they receive it. Guardianship lets a non-parent raise the child when the parents cannot, while custody decides how separated or divorcing parents share time and responsibilities.
If you’re unsure which path is right for your family, consider speaking with an experienced attorney. A lawyer can explain your options in detail, guide you through probate or family court, and help secure the arrangement that best supports the child’s well-being.
For more information, contact our experienced Beverly Hills child custody lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586