In family law, the terms “guardianship” and “custody” are sometimes used interchangeably, but they carry distinct legal meanings—especially in the context of South Carolina family law. When disputes arise over who should care for or make decisions on behalf of a child, it’s important to understand how the courts view guardianship versus custody, and how to navigate each legal process effectively.
At Sarah Henry Law, we represent clients in Greenville and throughout South Carolina in guardianship and custody cases. Whether you are a parent, grandparent, or concerned third party seeking legal responsibility for a child, our attorneys can guide you through the appropriate path with clarity and compassion.
Key Differences Between Guardianship and Custody in South Carolina
Although both guardianship and custody involve caring for and making decisions about a child’s life, there are legal differences in how these roles are granted and enforced:
Custody
- Typically involves parents or legal caregivers
- Handled in family court
- Includes legal custody (decision-making authority) and physical custody (day-to-day care)
- Can be joint custody or sole custody
- The other parent often retains some form of visitation or involvement unless the court rules otherwise
Guardianship
- Usually involves a non-parent, such as a grandparent, aunt, uncle, or family friend
- Often established through probate court but may be handled in family court when contested
- Grants the guardian authority to make decisions about education, medical care, and basic needs
- May be temporary or long-term depending on the child’s circumstances
Understanding which arrangement best fits your situation can be complex. Our attorneys help clients assess their goals and determine whether a guardianship petition or custody action is appropriate.
When Guardianship May Be Appropriate
Guardianship is typically sought when one or both parents are unable to provide care due to:
- Substance abuse or mental health issues
- Incarceration
- Abandonment or abuse
- Death of a parent
- Severe illness or incapacity
Guardianship may also be used when one parent is absent, and the other parent is deceased or unfit. In such cases, a third party may file a petition to become the child’s legal guardian, providing the stability and oversight needed to protect the child’s best interests.
Custody Disputes and the Role of the Family Court
Custody issues often arise during or after divorce, and the family court considers various factors before awarding custody, including:
- The child’s age and health
- Each parent’s ability to provide for the child’s needs
- The parent-child relationship
- Any history of domestic violence, neglect, or abuse
- The child’s preferences, depending on age and maturity
In many cases, a guardian ad litem is appointed to independently represent the child’s interests in court. The court may also require both parents to submit parenting plans or undergo evaluations.
Financial Support and Legal Responsibilities
Whether you are pursuing custody or guardianship, financial issues are often a concern. In custody cases, the non-custodial parent is typically required to pay child support based on South Carolina guidelines. In guardianship arrangements, support may be voluntary or subject to court direction, particularly if the guardian is caring for the child full-time.
We help families understand:
- How child support is calculated
- Whether a guardianship arrangement requires financial contributions
- When a parent can be required to pay child support even if they lack custody
- The guardian’s authority over medical records, education, and financial decisions
Resolving Disputes and Protecting Children’s Interests
At Sarah Henry Law, we recognize that every custody or guardianship case involves sensitive family dynamics. Our attorneys offer legal representation tailored to each client’s needs, focusing on achieving outcomes that protect children while honoring parental rights when possible.
We assist with:
- Filing for custody or guardianship
- Responding to contested petitions
- Modifying existing custody arrangements
- Addressing concerns about abuse or neglect
- Working with court-appointed guardians ad litem
Why Choose Sarah Henry Law
With deep experience in South Carolina family law, our team understands how family court judges evaluate guardianship and custody cases. Whether you are seeking to gain responsibility for a minor child or defending your parental rights, we provide knowledgeable legal support every step of the way.
We take pride in helping families make informed decisions about their legal responsibilities and ensuring children are cared for in environments that serve their best interests.
Learn more about Greenville Guardianship vs. Custody Cases. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Greenville Guardianship vs. Custody FAQs
What is the main difference between guardianship and custody?
Custody usually involves biological or legal parents and is handled in family court. Guardianship is typically granted to non-parents and may involve probate court. Both involve caring for the child, but the legal authority differs.
Can a guardian make medical and educational decisions?
Yes. A legal guardian has the authority to make decisions regarding a child’s healthcare, school enrollment, and daily welfare.
Do guardians receive child support from the parents?
Possibly. In some cases, the court may order the child’s biological parents to continue paying support, especially if the guardian has assumed full-time care.
Can custody or guardianship be changed?
Yes. Both can be modified if circumstances change or if it’s in the best interests of the child. We assist with filing for modifications or responding to petitions.
What if both parents are unfit?
If both parents are unable to care for a child, a family member or third party may petition the court for guardianship or custody. The court will prioritize the child’s safety and stability.
