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Custodial parent may be deployed to Afghanistan, can he make his sister legal guard?

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  • Custodial parent may be deployed to Afghanistan, can he make his sister legal guard?

    My bf may be deploying to Afghanistan in Jan of 2014.. He has three kids ages 16, 14, 13. His ex wife has visitation on every other weekend. Can he give guardianship to his sister? or do they have to go to their mother? We are trying to get all of our ducks in line asap just incase! Not sure if this matters, but he and I will be married by the time he has to deploy!! thank you!!

  • #2
    Re: Custodial parent may be deployed to Afghanistan, can he make his sister legal gua

    Originally posted by DANIELLE81 View Post
    My bf may be deploying to Afghanistan in Jan of 2014.. He has three kids ages 16, 14, 13. His ex wife has visitation on every other weekend. Can he give guardianship to his sister? or do they have to go to their mother? We are trying to get all of our ducks in line asap just incase! Not sure if this matters, but he and I will be married by the time he has to deploy!! thank you!!
    Most likely, since the mother's rights haven't been terminated, it's likely that custody would transfer to her unless she also agrees to assign guardianship rights to the sister.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      Re: Custodial parent may be deployed to Afghanistan, can he make his sister legal gua

      Originally posted by DANIELLE81 View Post
      My bf may be deploying to Afghanistan in Jan of 2014.. He has three kids ages 16, 14, 13. His ex wife has visitation on every other weekend. Can he give guardianship to his sister? or do they have to go to their mother? We are trying to get all of our ducks in line asap just incase! Not sure if this matters, but he and I will be married by the time he has to deploy!! thank you!!
      The mother would be the first choice for custody of the children while the father is deployed. IF the mother does not object, then guardianship can be given to the sister.

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      • #4
        It t seems like you should be able to pick whoever you want, in such situations, it is your own child.

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