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  • Custody and Guardianship

    Have googled and found nothing - Have looked in the Wiki, as I was sure there was something there but can't find it - if it is there I will be so embarrassed! :o :o

    But what, if anything, was the difference between the two (in the 1920's) ?

    Somehow I think I recall that if someone was granted custody that it meant that the Court directed that the child should live with that person, but a person granted Guardianship would have a say in matters such as the child's education and possibly financial matters (probably jointly with the person who had been granted custody), but the child would not live with that person.

    Does anyone have any idea whether that is remotely correct please?

    Thanks
    Joan died in July 2020.

  • #2
    Your definition sounds possible.

    Custody implies looking after in a very direct sort of way. Guardianship hasn't always meant living in the same place.

    Christine
    Researching: BENNETT (Leics/Birmingham-ish) - incl. Leonard BENNETT in Detroit & Florida ; WARR/WOR, STRATFORD & GARDNER/GARNAR (Oxon); CHRISTMAS, RUSSELL, PAFOOT/PAFFORD (Hants); BIGWOOD, HAYLER/HAILOR (Sussex); LANCASTER (Beds, Berks, Wilts) - plus - COCKS (Spitalfields, Liverpool, Plymouth); RUSE/ROWSE, TREMEER, WADLIN(G)/WADLETON (Devonport, E Cornwall); GOULD (S Devon); CHAPMAN, HALL/HOLE, HORN (N Devon); BARRON, SCANTLEBURY (Mevagissey)...

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    • #3
      Not sure in the 1920s, but as far as I remember, when I studied law in the 1960s, custody was the name of the rights given to a parent (in separation or divorce proceedings), whereas guardianship was used for rights given to a non-parent.

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      • #4
        Thanks Christine - when you put it like that, it sounds very plausible.

        Yet the person who supposedly obtained guardianship claimed that as a result, the child's surname was changed to his - that bit doesn't sound so plausible, does it?

        Thanks
        Joan died in July 2020.

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        • #5
          No, definitely not.

          The name wouldn't usually be changed unless there was an adoption.

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          • #6
            Thanks Mary - I studied law too, and that rings a bell!
            Joan died in July 2020.

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            • #7
              Sorry, we cross posted Mary! Thanks - the change of name supposedly happened in 1928 - I don't think there was an adoption, but that is another route to explore.

              Thanks
              Last edited by Muggins in Sussex; 20-07-08, 17:56.
              Joan died in July 2020.

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              • #8
                Hmmm...interesting though that the name change was in 1928, one year after legal adoption laws were passed.....

                OC

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                • #9
                  I changed my sons name by just calling him his new name and registering as that5 at new school but that was 1980's
                  borobabs passed away March 2018

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