• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Difference of guardianship and custody

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mickie04us

Junior Member
I'm in the state of Michigan, I'm an 18 year old college student, unemployed, and I'm 8 months pregnant. For a few different reasons, my mother thinks she should claim guardianship of my child (I live with her and she is, for now, my provider also). What would my rights be as a parent, and my mother's rights as guardian of my child? Will I still have custody of her or will that be given to my mother? Also, what rights will my child's father have?
 


mickie04us

Junior Member
I should mention that I don't want to give up custody. I want my mother to be able to provide healthcare (insurance, take her to the doctor/hospital etc.), and other necessities for my baby when I'm unable to, and have some say when I'm unable to. We (my mother, the baby and I) will all reside in the same household and both of us will be contributing in raising her. Any help and advice is much appreciated.
 

brisgirl825

Senior Member
I don't know how many times women have come in here trying feverishly to get their child/ren back b/c they were deceived by a parent.

Do not give her guardianship or custody, you may never get it back or it will cost you tons of money. If you need help, contact your local social services building and get medicaid.

You are the only one with rights, thus far. Dad or you can petition for a DNA test after the baby is born. Once dad is proven to be the father he can have visitation rights, joint custody (decision making), etc. You can also petition for CS after he is proven ot be the father.
 

Zephyr

Senior Member
aren't you still on your mother's insurance? she might be able to add the baby without guardianship papers- I know another poster here did that
 

LdiJ

Senior Member
....and as far as your mother making decisions when you aren't available, or taking the child to the doctor etc., guardianship is not necessary for that. A Power of Attorney is more than sufficient.

Look, you are going to be living with your mom. Your mom is going to get extra attached to your child as a result. Even grandparents with the very best intentions in the world have a really bad habit of refusing to let the child go with you when you are ready to live on your own. Its also difficult for young parents to come up with the money to fight their own parents for custody in court. (which is likely to happen to you a few years down the road if you give her guardianship now).

Don't do it.
 

mickie04us

Junior Member
I honestly don't like the idea of giving her guardianship either, but I do want to understand it completely in case it turns out to be the best option for my baby. I just want to know what rights I'll have if I did give her guardianship and who would have legal custody of my baby. Would giving her guardianship restrict me from having any say in how she's raised? Is there any way for both of us to have a say? I know some grandparents have their own motives concerning grandchildren and its not always best but still I'd like to know the consequences so I can make the best decision. For now, lets not include the father, he's completely confused and has left all the decisions up to me and my mother, kind of a "let me know what you want/need me to do next" attitude.
 

Zephyr

Senior Member
mickie04us said:
I honestly don't like the idea of giving her guardianship either, but I do want to understand it completely in case it turns out to be the best option for my baby. I just want to know what rights I'll have if I did give her guardianship and who would have legal custody of my baby. Would giving her guardianship restrict me from having any say in how she's raised? Is there any way for both of us to have a say? I know some grandparents have their own motives concerning grandchildren and its not always best but still I'd like to know the consequences so I can make the best decision. For now, lets not include the father, he's completely confused and has left all the decisions up to me and my mother, kind of a "let me know what you want/need me to do next" attitude.

consequences could be as soon as you try to give your kid to your mom dad can swoop in and say you are opting not to care for your child and file for custody, status quo will also be being established so the longer gma has kiddo the harder you will have to fight to get baby back
 

LdiJ

Senior Member
mickie04us said:
I honestly don't like the idea of giving her guardianship either, but I do want to understand it completely in case it turns out to be the best option for my baby. I just want to know what rights I'll have if I did give her guardianship and who would have legal custody of my baby. Would giving her guardianship restrict me from having any say in how she's raised? Is there any way for both of us to have a say? I know some grandparents have their own motives concerning grandchildren and its not always best but still I'd like to know the consequences so I can make the best decision. For now, lets not include the father, he's completely confused and has left all the decisions up to me and my mother, kind of a "let me know what you want/need me to do next" attitude.
It means that your mother would legally be in charge of your child, not you. She would have all the decision making rights, not you. It might be possible to structure a form of joint custody...but even that is risky.

Honestly, there is absolutely no reason or benefit to your child for your mother to have guardianship or any form of custody. The only possible thing that might be an issue is health insurance.....and there are lots of other options for that, as well as the fact that your mother may very well be able to add the child to her insurance without guardianship or custody.

Everything else that you want your mom to be able to do, she can do if you give her a Power of Attorney.
 

Content

Member
mickie04us said:
I honestly don't like the idea of giving her guardianship either, but I do want to understand it completely in case it turns out to be the best option for my baby. I just want to know what rights I'll have if I did give her guardianship and who would have legal custody of my baby. Would giving her guardianship restrict me from having any say in how she's raised? Is there any way for both of us to have a say? I know some grandparents have their own motives concerning grandchildren and its not always best but still I'd like to know the consequences so I can make the best decision. For now, lets not include the father, he's completely confused and has left all the decisions up to me and my mother, kind of a "let me know what you want/need me to do next" attitude.

Consider the consequences like this: how would you like to put your baby up for adoption? That would be essentially what you are doing. If the baby was adopted you would have no legal say in how they are raised, where they live, who takes care of them, what school, what doctor, etc. That is the power you would be giving to your mother.

That could be a huge mistake to do. You could spend the rest of your child's childhood fighting to get them back. When you do move out of your mom's house do you plan on taking your child with you? Because if you do and your mom has guardianship then SHE not you decides if you can. Do you really want those types of hassles?

A better option would be to go get state aid if you need insurance and her's absolutly won't cover the baby. Go file for cs and get a DNA test done so that the father can start helping support the child. Do not sign the baby away until you actually know what you are wanting to do with your life.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top