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Can i give my sister joint custody of my son so that he can

Customer Question
stay in his current school...
Can i give my sister joint custody of my son so that he can stay in his current school? She takes care of him for about 5-7 hours everyday of the week.
JA: Because education law varies from place to place, can you tell me what state this is in? Have you talked to a lawyer yet?
Customer: Az
JA: Anything else you think the lawyer should know?
Customer: I had a boundary exception but it was denied this yr and he has some learning disabilities and is doing great and do not want to disrupt his routine..is there any way legally around this.
Submitted: 1 year ago.Category: Family Law
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Answered in 2 hours by:
7/29/2016
Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,995
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Are you and the other parent married? Would the other parent be willing to agree to let your daughter take custody of your son?

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Customer reply replied 1 year ago
His dad lives in alabama. We were never married nor do we have any court arrangements. He also is not listed on b.cert.. This would be solely to keep him in same school. Would i need to go in front of a judge to do shared custody agreement or can it just be a notarized document between my sister and i?
Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago

Thank you.

The problem is, if you wanted to give custody to a third party, you'd be required to notify the father (even if he's not on the birth certificate). The preference is for custody to go to a parent, what could happen is you might find the judge giving custody to the father in Alabama instead of to your sister in Arizona. You also run the risk that the judge will terminate your rights and give them to your sister, which isn't what you want at all. That's extremely difficult to undo. On top of that, the judge usually wouldn't even grant the request unless your son has already been living with your sister and she's been serving as his parent for at least a year. Which means that custody isn't the best way to get the outcome you're seeking.

You may have better luck with guardianship, where you can give your sister the temporary right to care for your child and make decisions about his upbringing.

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Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago

You would still have to notify the father, and he'd have to agree not to contest it.

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Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago

But the problem there is that, when you file for guardianship, you're saying you're not physically capable of caring for your child.

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Customer reply replied 1 year ago
Guardianship can not be shared between my sister and i? Say for instance if he is staying 4 nights during the week at my sisters cause i work late, how could i legally make her residence his home address? Would it work the same when parents have shared custody?
Family Lawyer: Lucy, Esq., Lawyer replied 1 year ago

It's not the same as when parents have shared custody, because she's not a parent. Non-parents are treated differently. Your son could move in with her and you could sign forms giving her the right to make medical decisions for him, but if he's not staying over, then her house is not his legal residence. And you might be ordered to pay her child support.

The legal way to accomplish your ultimate goal here is to appeal the school's decision not to let your son go there, or move to a residence within the district for the next year.

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30,995
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Experience: Attorney with experience in family law.

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