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  1. #1
    Join Date
    Mar 2011
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    Default What is the Difference Between Guardianship and Custody

    My question involves guardianship in the State of: Minnesota
    My adopted minor daughter recently had a baby. Shortly after the infant was sent to the ICU due to dehydration and fever - mom was not feeding enough or allowing hospital personnel to feed baby. We filed guardianship papers at the court and were granted temporary guardianship in order to make medical decisions for the baby (mom agreed to this as well). Child protection was also somewhat involved and were on the verge of putting an emergency hold on the baby, they agreed to not do that as we were in the process of getting guardianship.

    My question is, what is the difference between guardianship and custody of the baby? We are concerned about mom's ability to parent as her disabilites severely limit her ability to care, however we do not necessarily want her out of the baby's life. They both will be residing in our home once baby is discharged from the hospital. Which would ensure that we have control over the child in case mom decides to up and leave when she turns 18?

  2. #2
    Join Date
    Sep 2005
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    71,730

    Default Re: What is the Difference Between Guardianship and Custody

    In the common use of the term, "custody" would refer to an arrangement between divorced or separated parents - but when a guardian is appointed to care for a minor child, the guardian will typically be given custody of the child, and the parents will typically be given some degree of visitation.

    If you don't go through a court - if you handle this informally with some sort of power of attorney from the mother - she can revoke that at any time.

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