Custody

Custody vs Guardianship

Custody of minors involves the legal and practical responsibilities between parents and their children, such as making decisions and providing care. In Israel, custody of minors differs from guardianship, which includes broader responsibilities (education, health care, etc.). 

The Legal Capacity and Guardianship Law regulates the distinction. Section 14 states that both biological parents of a minor are his/her natural guardian, and remain to be even after a divorce. On the other hand, custody of a minor is decided at the moment of the divorce. 

Guardianship means that both parents are responsible for the children’s well-being, including making joint decisions about the child’s future, education, healthcare, major life decisions, etc. It does not depend on whether the parents are married or divorced. Custody (physical custody) refers to a child’s place of residence or permanent sleeping arrangements and is decided upon at the moment of divorce. Usually, the custody is granted to the mother. 

The word custody itself does not appear in the Legal Capacity and Guardianship Law, as it was created in the rulings of the court. 

How Does it Work in Practice?

Looking from a minor’s perspective, the best-case scenario is that both parents come to a mutual agreement regarding custody at the time of their separation. The judicial authority will check whether the agreement is in the minor’s best interest and proceed with approval and force of judgment if they find it positive.

The court is obliged to act in the minor’s best interests, so it may also have the power to evaluate what’s best for the child, based on expert opinions and their voice as well.

Good to Know:

The court will consider different factors while deciding in a case of a minor’s custody, such as:

• Parent’s overall situation
• Parent’s parenting skills
• Relationship between parents and children
• Children’s needs

Based on the factors, the court may also order two types of custody:

• Joint custody – where both parents are equally responsible for the children, or
• Sole custody – where one parent has primary responsibility for the children. In this case, the court may also order visiting rights for the non-custodial parent.

Custody is not final, and custody can change during the children’s life if there is a significant change in circumstances (such as one parent moving away, a change in children’s needs, etc.).

If you are involved in a custody dispute, it is important to speak with an attorney to learn more about your rights and options. Contact us and book your free consultations.