Legal Question in Family Law in California
Custody surrender of one sibling
If a child with behavior issues reportedly does better at the other parent's household, can a 1/2 custodial parent surrender full custody to the other parent in the best interest of the child? Would doing so jeapordize the existing 1/2 custody of the sibling child?
1 Answer from Attorneys
Re: Custody surrender of one sibling
Look at your order. It almost always says, "Unless the parties otherwise agree..." So, the parents can agree to any arangement they want. I would recommend, however, that you at least confirm the agreement in writing and that you state that your agreement is only until further notice by either parent, at which time, the existing order will take effect. Also note that by giving another parent more custody, you may get hit with a motion to modify support, but then you could just say that you want to go back to the original custody order. If one parent has actual primary custody for an extended period of time, that would come into consideration should a motion to modify the custody order be filed.