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Guardianship usually involves a child living with her guardian. Therefore, the guardian has physical custody, and the child's parent does not. However, biological parents maintain their parental rights, even when they don't have physical custody.
Differentiating between custody and guardianship can be complicated because they are essentially the same thing. One distinction is that family courts usually grant custody orders, and probate courts grant guardianship orders. Custody is often an arrangement between parents pursuant to a divorce decree, determining which of them their child lives with and who makes important decisions on the childâs behalf.