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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-06-2010, 03:22 AM
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Default need custody and guardianship suggestion

i will have to leave the country to work overseas. so my kid will basically live with my wife. i need suggestion on the most common way of dealing with custody/guardianship under this situation? thx.
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Old 01-06-2010, 02:57 PM
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The main issue is who has authority to make major decisions i.e. sole vs joint custody. How you arrange access/visitation during your absence and when you return is a completely separate issue.

Is this a temporary situation i.e. will you be returning after 2 years?

Joint Custody - you have to agree on the decisions, and for some things will both have to sign paperwork e.g. consent forms. Do you think you can make this work from abroad? Possibly you could sign something like a time-limited power of attorney over to your ex to cover the period you are away.

Sole Custody to mother - she makes the decisions. You may be consulted, but your consent is not required. (But it has very little impact on access/visitation - except that nasty CS $$ disputes arise if you want more than 40% time)

The difficulty is that whatever custody you decide on will be very hard to change later.

Last edited by dinkyface; 01-06-2010 at 03:01 PM.
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Old 01-06-2010, 03:18 PM
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You not being around (you don't say for how long) will very likely result in status quo which will favour sole custody for your ex.
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Old 01-07-2010, 08:59 PM
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My lawyer actually suggested sole custody/joint guardianship.
As stated in bclawresource, "parents can share joint guardianship of a child even though one of the parents has sole custody of the child."

"Where sole guardianship is ordered or agreed to in a family agreement, one parent has control over all aspects of raising the child to the exclusion of the other parent. The parent without guardianship has no entitlement to obtain information from the children's teachers or doctors and no authority to give them instructions.

As the effect of sole guardianship is to strip one parent of his or her role in the raising of his or her children, orders or agreements providing for sole guardianship are the exception rather than the rule. When these sorts of orders or agreements are made, the personal circumstances of the parties are usually fairly extreme, or one parent has proven him- or herself to be obviously disinterested or incapable of proper parenting."

Sole guardianship will exclude me from the right of even talk to my son's teacher, which seems unacceptable to me.
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