What is the difference between a guardian and a custodian?
The difference between a guardian and a custodian is an important one to understand when it comes to guardianship law in Texas. Generally speaking, guardianship is a legal relationship between a court-appointed adult and a minor child or incapacitated adult. It is the guardian’s responsibility to make important decisions about the ward’s health, education, finances, and general well-being. Custody, on the other hand, is a type of guardianship, but it is used solely to determine which parent will have the authority to make decisions regarding the care of a minor child or children. Custodial arrangements can be dictated by a court order or a voluntary agreement between the parents. In cases where the parents are unable to agree, the court decides who will be designated as the custodial parent. Both guardianship and custody are important to maintain the health and wellbeing of those they are intended to protect. However, it is important to remember that in Texas, guardianship law deals only with certain matters, like health care, education, and finances, while custody tends to focus primarily on which parent will have physical and legal responsibility for the child or children.
Related FAQs
What legal rights does a guardian have?How are guardianship decisions made?
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Can a minor choose their own guardian?
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