Temp custody

[JohnnyAppleSeed]

What is the name of your state? Oklahoma (CP) Alaska (NCP)

A friend of mine is considering allowing her daughter who lives in Oklahoma to spend a year with her father (the NCP) in Alaska. Its not a change of custody just a mutual agreement for an extended visitation. Apparently they are going to type up a document which hashes out specifics and have it notarized. The child has some mental and emotional problems which are now effecting her schoolwork and both parents think a change of pace would be good for the child. What kinds of things should be included in this document? Is there anyway to protect the CP from loosing custody should the NCP fight when he receives the child? The mother is concerned because there is a history of "bad blood" with the ex. She is willing to take the risk for the benefit of her daughter but doesnt want to be stupid about it either. Any suggestions?

 

[Boxcarbill]

What is the name of your state? Oklahoma (CP) Alaska (NCP)

A friend of mine is considering allowing her daughter who lives in Oklahoma to spend a year with her father (the NCP) in Alaska. Its not a change of custody just a mutual agreement for an extended visitation. Apparently they are going to type up a document which hashes out specifics and have it notarized. The child has some mental and emotional problems which are now effecting her schoolwork and both parents think a change of pace would be good for the child. What kinds of things should be included in this document? Is there anyway to protect the CP from loosing custody should the NCP fight when he receives the child? The mother is concerned because there is a history of "bad blood" with the ex. She is willing to take the risk for the benefit of her daughter but doesnt want to be stupid about it either. Any suggestions?

You are asking for assurance that two parents who have a history of bad blood between them can come up with an agreement which will guarantee that the father will not seek custody of the daughter if she comes to live with him for a year.

 

[JohnnyAppleSeed]

No, not assurance... come what may, you know? The mom knows there is a possibility that the father could try for (and probably will) custody. She is just wondering if there is anything she should include in the documentation / agreement that may protect her from loosing custody. In addition, is there any legal terminology that should be included in an arrangement like this?

 

[ktarra617]

nope, because he will have the child he can file for custody and just maybe get it.

I don't believe there is anything other than keeping the child with her to prevent him from filing for and getting custody of the child once he has her with him for a year.

 

[JohnnyAppleSeed]

She cant include a statement that says .... NCP will not attempt to file for custody .... and have him sign it?

 

[sunfun]

Well, have your friend remember what's best for the child too.
Here's a thought. Why doesn't she make it for any time less than 6 months? THEN any custody fight would have to take place in her state of Oklahoma. What are the chances of someone going from ALASKA to Oklahoma over and over for a custody fight?

 

[stealth2]

Nope - it likely wouldn't hold up in court. And if the child did better in Alaska than OK - he'd have a very good chance of getting custody.

 

[sunfun]

Johnny, in the whole scheme of things IS the child better with the other parent? Is it possible that you friend really does want what's best for the girl but her pride about losing custody is getting in the way? In her situation, what are some of the things that could be LOST if the girl goes to live with him for a year? Or even if he gets custody in the end? Is she worried that she will never see her daughter again? Is there something else? And what about the child? Will she lose anything with the arrangement?

 

[stealth2]

Well, have your friend remember what's best for the child too.
Here's a thought. Why doesn't she make it for any time less than 6 months? THEN any custody fight would have to take place in her state of Oklahoma. What are the chances of someone going from ALASKA to Oklahoma over and over for a custody fight?

http://www.divorcenet.com/ak/ak-divorce.html

Alaska apparently has no residence requirement for this sort of thing.

 

[VeronicaGia]

Is the mother more worried about the best interest of the kids or losing custody? If she's more worried about custody, then she shouldn't send the kids. If she's more worried about the kids, then she shouldn't worry about custody.

The only thing that can change a court order is a new court order. No notarized agreement can superscede a court order.

 

[sunfun]

VG, good point! Also, if she doesn't send the child will she possibly lose custody in the end anyways? Would it be better to show she is doing what's best for the child now? Then she can have some say in the terms of the agreement.