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Old 03-05-2009, 11:50 AM
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Join Date: Dec 2008
Posts: 2

What are legal options other than guardianship?


Virginia (Fairfax county)

Separating from domestic partner of 15 years. We have a child together (I am the birth mother) and she wants some legal standing in his life. I do not object to that in principal, and for many/most fundamental things (medical attn, right to sign off on report cards, etc) I am willing to go the route of some legal order to give her some official standing; right now in VA, she has none whatever.

However, I understand that if I agree to legal guardianship or even a joint custodial order, that effectively elevates her to full parent status. I do not wish to do this b/c of crazy family members on her side (if she were to die I could be doing battle with them over custody of my son), and also because of her own proven track record (years) of disengagement, mental illness, occasional incapacitation. I don't fear for the health or well-being of my son while in her care -- for the most part. But I don't feel comfortable with losing my 51% stake in reasoned decision-making on his behalf either.

Are there some legal vehicles/contracts which will provide some degree of authority for her, as the 'third party with a legitimate interest?' Agreements we could engage that will protect her as someone substantive in his life, but not relinquish my rights as the birth mother?
  #2  
Old 03-05-2009, 01:31 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,781
Quote:
Originally Posted by akgildea View Post
Virginia (Fairfax county)

Separating from domestic partner of 15 years. We have a child together (I am the birth mother) and she wants some legal standing in his life. I do not object to that in principal, and for many/most fundamental things (medical attn, right to sign off on report cards, etc) I am willing to go the route of some legal order to give her some official standing; right now in VA, she has none whatever.

However, I understand that if I agree to legal guardianship or even a joint custodial order, that effectively elevates her to full parent status. I do not wish to do this b/c of crazy family members on her side (if she were to die I could be doing battle with them over custody of my son), and also because of her own proven track record (years) of disengagement, mental illness, occasional incapacitation. I don't fear for the health or well-being of my son while in her care -- for the most part. But I don't feel comfortable with losing my 51% stake in reasoned decision-making on his behalf either.

Are there some legal vehicles/contracts which will provide some degree of authority for her, as the 'third party with a legitimate interest?' Agreements we could engage that will protect her as someone substantive in his life, but not relinquish my rights as the birth mother?
Let me just make sure I understand what you are asking -- she was good enough to be a mother when you two were together but now she is not and you want control completely and dictate to her so that you have a greater stake in the child than her? 51% ownership shall we say?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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