Legal custody is a similar status to guardianship, but is usually bestowed by a different court that has different procedures. Guardianship is usually granted by a probate court, whereas a family court grants legal custody. Also, the status of "guardian" may often facilitate access to more services and rights than "legal custodian." Consider, for example, how many times one reads or hears the phrase "parent or guardian" without any mention of "legal custodian." It is important to consider the differences among guardian or legal custodian in the state where the family lives.

De Facto Custodian

These laws basically give caregivers the same standing as parents in custody cases if they satisfy the definition of "de facto custodian."

"De facto custodian" is defined as the primary caregiver and financial support of a child who has lived with that person for at least (1) six months if the child is under age three; and (2) one year if the child is at least age three. After the court makes its finding that the person is a de facto custodian, he or she has the same legal standing in custody cases as a parent and his or her input concerning the child is considered by the court. Custody of the child is then determined based on the best interests of the child.

Indiana: IN Code, 31-9-2-35.5; 31-14-13-2.5; 31-17-2-8; and 31-17-2-8.5
Kentucky: KY Statutes, 403.270; 403.340; 403.350; 403.420; and 405.020

Credits: Source: Generations United. Copyright 2002, Generations United. Reprinted with permission of Generations United http://www.gu.org

Need a Home Study?

Note: Our authors are dedicated to honest, engaged, informed, intelligent, and open conversation about adoption. The opinions expressed here may not reflect the views of Adoption.com.