The short answer
Guardianship is how a responsible adult who isn’t the parent, such as a grandparent, aunt, uncle or family friend, takes over care of a child when the parents can’t or won’t. Parents ask for custody. People who aren’t the parent generally ask for guardianship. This page covers guardianship of a minor.
Guardianship or custody?
Look at your relationship to the child. Custody is about how two parents share a child. Guardianship is about an adult stepping in. Which court handles the case, and what you have to prove, depend on your situation. Read the full comparison.
If you’re a grandparent
Being a grandparent doesn’t give you an automatic right to see your grandchildren. You generally need to ask a court and have a specific legal reason. If the child isn’t safe and you need to take over care, that’s a different case, guardianship. Read about grandparent rights.
Related guides
When you need a lawyer
Talk to an attorney, or call Legal Aid if money is tight, if a child is in danger, a parent contests the guardianship, or you aren’t sure which case to file.
Review record: All 1 flagged items reviewed by Brandon M. Haubert, latest 2026-10-25.