One more question, please! In North Carolina, what is the difference between guardianship and custody? In either case, won't the parents have to take us to court to try and resume custody of the children? The parents have no money and in this state I know that in civil matters a court appointed attorney is not an option, only in criminal matters. I've been told guardianship requires the court to follow up twice a year and evidence of monies spent on the child must be documented. With custody, I am told this is not the case and that I am better off with custody instead of guardianship. Thanks again for your help.

Guardianship means that you have authority to care for and make decision for the person; guardianships are done for persons of all ages and conditions. Custody denotes having more of a physical interest or some type of interest in the person or party. As a practical matter, legal guardianship allows a person to make decisions and provide care for the child, which in most cases, will include the child being able to live in their care and in their custody. However, even though there is a legal guardian of a child, the parent may still have custodial rights to participate in decisions regarding the child and have visitation and so on.