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Home > Law > Law glossary > Law glossary
guardian
Last modified: Thu Feb 23 16:37:37 2006
To be a guardian of a child is to have a legal obligation to care for
and maintain the child, usually until the age of 16. This rights and
obligations of guardianship are usually associated with those of
custody (see: CustodyOfChildren). In normal
circumstances the child's parents exercise joint guardianship. In the event
of the death of a parent, this passes to the survivor. In the event
of the deaths of both parents, guardianship may pass to a person nominated
in the wills of the parents. Otherwise, another person -- often a relative
-- may make an application to the court for guardianship. In cases
of divorce (see: Divorce)
guardianship may be a matter for a court to decide.
If guardianship is not asserted by anyone, the child may be made a
`ward of court', and a guardian appointed by the court. In some
cases a parent may be made a guardian, but under the control of
the court.
FamilyLaw
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