As a custodial parent, you have the privilege of being with your children most of the time. But what if you need to leave them in their other parent’s care for an extended period of time?
Perhaps you need to take care of an ailing parent. Or maybe you have to take a long business trip. In cases where leaving them with a nonparent is not an option, moving your children in with your coparent may be the best move.
However, you might be wondering if this will go against your custody agreement. You may also be worried about the other parent suing for primary custody. Here are some answers that can help you make the right decision.
How long can your child stay with their other parent?
It all depends on your custody and visitation agreements. These documents will dictate the division of time between you and your coparent, including special arrangements. However, they might not specifically state how long your child can stay with the other parent for an extended one-time visit.
If this is the case, you will need to amend the agreement with your coparent. Significant durations, such as a few months to a year, may require amendment through the court. You will need a legally binding and enforceable agreement that states your children will return to your custody after the specified time.
Can the other parent sue for primary custody?
In some cases of extended visitations, noncustodial parents end up wanting to keep their kids full-time. This is why amending your custody agreement is so important. When the court approves the extended yet temporary visitation, that is all that will remain—temporary.
It is still possible for the other parent to petition for primary custody. However, just because a child stays with them for an extended period does not mean the court will agree. The child’s best interests are always a priority, and if it is in their best interests to stay with you, there should be no cause for concern.