Various Terms Defined
Physical Custody: This refers to a situation where an adult lives with a child. The adult is responsible for the child and takes care of the child’s day to day needs.
Legal Custody: Legal custody deals with an adult being responsible for making important decisions with regard to education, religion, medical matters and other matters of importance for a child.
Custody: The word custody actually means to be in charge of someone. There are two types of custody, legal custody and physical custody. Physical custody indicates the child lives with the parent. Legal custody can only be given by a Judge who issues a court order.
Guardianship: There are two different types of guardianship. There is guardianship of property and guardianship of a person. The guardianship of a person deals with an adult who takes care of someone who is not able to take care of themselves. An adult can be the guardian of a child. The guardian of a child is responsible for taking care of the child in making decisions on a day to day basis for the child. In New York there are no significant differences between custody and guardianship.
Becoming a Guardian: Petitions can be brought either in the Surrogate’s Court or in the Family Court. The petition must allege why the individual who seeks guardianship is appropriate. It also must show the benefits to the person they seek to be guardian of.
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