Legally, what is the difference between temporary custody and guardianship when an infant is involved.
State/Country relating to question: Kentucky
Just curious. My son and daughterinlaw are incarcerated. We have physical custoday of my 3 week old grandson. Attorney is working on paperwork for us to be able to put him on our health insurance. He's indicated they've opted for temporary custody vs. guardianship. What is the difference??
Guardianship requires that the parents surrender their Parental Rights. Temporary Custody is just that-temporary-and the parents retain their rights to custody at any time unless of course the courts are made aware of circumstances that would endanger the children.
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One more quick question.....isn't there such a thing as 'temporary' guardianship? Parents are incarcerated on fairly serious drug related charges....
Yes, the difference between a temporary guardianship and temporary custody is that the TG usually can be done by consent between the parties while the TC requires a court order.
Civil Law - 13+ years
And that is the dilemma--while the prison issued custody papers, the insurance company won't recognize hiim as being 'legally' in my custody without a court order. I'm assuming that is what we are now waiting on. Both parents have agreed to custody without question. Thank you.
Appreciate your info.
A guardianship establishes a non-parent with quasi-parental rights, such as rights to physical or legal custody of a minor child. It does not terminate the parental rights of either parent, but it certainly impacts the rights of the parents.
Temporary custody, when used in the context of a guardianship, endows the temporary guardian with guardianship powers for a specified period of time. Unlike a general guardianship, the temporary guardianship will terminate automatically unless the temporary guardian reapplies for either an extension or a general guardianship.
This was already answered by another expert. I did not need, (nor request) additional information. We obtained the custoday/guardianship via the courts last week.
The previous expert (who is both a good person and a good attorney) had made an unintended error in his analysis, which I addressed by posting my answer. I have since spoken with the expert, he acknowledges the mistake, and it was due to a simple oversight that any of us could have made. My concern was making certain that you, the customer, had good information; nothing else. There is no need to respond to this post, and the question will close automatically unless either you or the other expert posts again.Brian T. Mayer40169.3365732292
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