How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5735
Experience:  20 years of professional experience
Type Your Family Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

Legally, what is the difference between temporary custody and

This answer was rated:

Legally, what is the difference between temporary custody and guardianship when an infant is involved.

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.



Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge.

Customer: replied 7 years ago.
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.
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5735
Experience: 20 years of professional experience
Maverick and 4 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
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.
Customer: replied 6 years ago.
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.

Customer: replied 6 years ago.
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.

Edited by Brian T. Mayer on 12/22/2009 at 8:04 AM EST

Related Family Law Questions