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A guardianship is established by a court after a petition for an appointment of a guardian is filed by either the ?incompetent person? (?incompetent? is the term used to describe those who lack the capacity to manage themselves and their affairs) or another person.
Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child. In some circumstances, a court may suspend or terminate a parent's rights.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
A child 12 years or older can state a preference for which parent he or she wants to live with so long as the following criteria are met: each parent is fit to have custody of the child. each parent can adequately provide for the child's care and maintenance, and.