What are the differences between custody through Domestic Relations or Juvenile Court and guardianship through Probate Court?
Domestic relations court, juvenile court, and probate court can all make decisions concerning the care and custody of children. A domestic relations court can issue orders with respect to the custody of children as part of a divorce or dissolution. A juvenile court has exclusive jurisdiction over juvenile traffic offenders, and delinquent, unruly, abused or neglected children and the custody of children who are not wards of another court. A probate court may appoint guardians for children without parents or whose parents are unsuitable. A guardian would then have the custody of the child and provide for the child’s support. The court to first obtain jurisdiction invalidates the power of another court to issue a custody order. Therefore, if there is a domestic relations order or existing juvenile court order, an individual may not seek guardianship through probate court.
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