While family law typically prioritizes keeping children with their parents, there are certain situations where this isn’t possible. Divorce, an unfit or absent parent, and other situations can complicate family dynamics. In these situations, a judge may issue rulings regarding custody or guardianship. Here’s a closer look at what these different outcomes imply.

Custody

Issues of custody are most commonly brought up during divorce cases. When parents divorce or separate, decisions need to be made regarding issues, such as who will be financially responsible for the child’s needs and where the child will live. 

Parents often reach a mutual agreement that typically allows the child to spend some time with both parents. When the parents cannot reach an agreement, however, a judge will determine custody based on the best interests of the child. The judgment will include specific instructions on where the child will live and at what times of the year. 

Guardianship

Guardianship is a more complicated area of family law, as it tends to deal with situations when the parents are absent or unfit to care for their child. Guardians are appointed by the court and are responsible for the child’s medical, educational, and other essential needs. 

In cases where a living parent is judged irredeemably unfit, the court may suspend parental rights and rule to give total custody to the appointed guardian. However, in most cases, the goal of these situations is for the child to eventually return to live with their parents. The temporary guardianship is ended when the judge deems it to be safe to do so and the parent wants to reassert their parental rights.

Whether you need help navigating family law or dealing with a personal injury case, you can rely on The Law Office of Christopher J. Swatosh in Ava, MO. With over 20 years of legal experience, this attorney provides dedicated and zealous representation to clients throughout south-central Missouri. To learn more about his practice areas or schedule an appointment, call (417) 683-2987.