Legal Question in Family Law in Idaho

Re: is custody and guardianship the same thing?

No. Custody and guardianship are similar and can generally have the same results. court ordered custody has the same result as court ordered guardianship.

there is a difference: a guardian is not usually a parent and a parent has a constitutional right to custody of his/her child. Guardians do not!

In guardianship cases between a parent and a non-parent, the parent has the higher right, especially since the US Supreme Court held last yeaqr that the parent has the superior right to custody over grandparents who had sued her for grandparent rights and to determine where and how the child should be raised, etc. You are the parent and unless your poarental are terminated because of your failure to adequately care for the child. You should win against any non-parent.