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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.
Custody can be restored to the parents by the court if the parent proves capable of caring for the child. Guardianship. Guardianship is when a person is responsible for the care and well-being of a child and has the legal authority to consent on behalf of a child. Under a guardianship arrangement the child's parents maintain their parental rights.