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How can my child custoday agreement be amended giving my ex physical custody of my daughter? We have joint legal custody.

Asked over 2 years ago - Seattle, WA

I am moving to Canada for six months. My 15 yr old daughter does not want to move with me. Her father and I have joint legal custody; I have always had sole physical custody. My daughter would like to stay with a friend's family while I am gone. I also have an 18 yr old daughter living independently. Should my ex be named the younger one's guardian? Or can physical custody be granted to him? Does it matter? Or should the other child's parent's be guardians? Or can my 18 year-old daughter be the younger one's guardian even though they will not be living together? I want to make sure I do the right thing legally for my daughter so that she is secure and that school and medical decisions can be made for her in my absence.

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Dave Hawkins

Reputation Level 15

Answered over 2 years ago. Child Custody Lawyer in Seattle, WA.

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You need to consult with an attorney. I would need to see the Parenting plan before I could advise you -- you're using some inaccurate terminology that will impact the answer? Who is paying child support to whom? The person receiving child support will be the primary custodial parent. What do you mean by guardian -- guardianship law is different from parenting -- do you want to use a power of attorney to accomplish your goal? Again, you need to consult wiht a local attorney. Since there are two biological parents involved, tring to transfer cusotdy of a child over the objection of a parent will not work because. parents have a statutory obligation to financially supprot thier children that cannot be waived.

Again, please consult with a local attorney -- what you are trying to do will involve a good deal of paperwork to effectuate.

Law office of Dave Hawkins

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