The natural guardianship of a minor child belongs to the mother and the father of that child. The law recognizes the parents of a minor as that child’s legal guardians. Upon divorce, the natural guardian is the parent who was awarded the guardianship of a minor child.
During a divorce, if the parents of a child cannot agree on the arrangement that is in their child’s best interest, then a custody battle may ensue. The parents will be required to present evidence as to why living with them and being under their care, as opposed to the other parent, is better for the child. The judge will analyze all of the evidence that is presented and determine who should be granted custody and maintain parental guardianship of the child.
A child’s parent will maintain natural guardianship of the child until the child reaches the age of majority. Once the child reaches the age of majority, they are no longer considered to be under the guardianship of their parents.
If another individual chooses to petition for guardianship of the child, then the court may decide to rescind the guardianship rights of the child’s parents. The individual who is petitioning the court will be required to provide the judge with adequate evidence in order to prove that the child’s natural guardians are not providing proper care to the child.