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?


Asked on 11/12/07, 2:23 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

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.

Read more
Answered on 11/12/07, 3:57 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California