If I have joint custody of child but I’m the primary caretaker, can I give temporary guardenship to someone without the other parent’s consent?

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If I have joint custody of child but I’m the primary caretaker, can I give temporary guardenship to someone without the other parent’s consent?

Must I go to court?

Asked on August 23, 2012 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think that you need to read your agreement and discuss the law in your state with an attorney.  The other parent would have the primary right to custody of your child should you not be able to care for him or her.  The court would not allow you to by pass that right, so to speak, and any temporary papers drawn up would most likely be set aside.  Good luck.


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