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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.
In most states, two kinds of custody apply to all separating families: legal and physical. Legal custody refers only to major decision-making, and physical custody refers to the parent with whom a child lives. A parent with sole physical custody is sometimes referred to as the residential or custodial parent; this is the parent with residential custody. When a child lives a relatively equal amount of time in each parentâs home, this is referred to as shared custody, also often called joint custody.