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Both guardianship and custody describe legal relationships between an adult and a child. Custody refers to a child’s biological parents, whereas guardianship would be given to a non-biological ...
Child custody, conservatorship and guardianship describe the legal and practical relationship between a parent and the parent's child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child. Custody issues typically arise in proceedings involving divorce, as well as in paternity, annulment ...
It said that a parent in a legal custody proceeding in juvenile court (who still has legal rights but not physical control of the child, as in K.G.’s case), does not have the same legal ...
Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody , which is the right to make decisions about the child, and physical custody , which is the right and duty to house, provide ...
Legal presumption vs consideration: A rebuttable legal presumption and preference (such as for joint custody over sole custody) give the courts a starting point. If the court determines that the legal presumption is not fit for the case, it must usually state what evidence it considers to have overcome the burden of proof associated with the ...
Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction.