Custody & Kidnapping

[NOTE: THIS IS GEARED TO A SITUATION WHERE THE PARENTS HAD JOINT CUSTODY AND THE MOM WAS GOING TO BE TRAVELING FOR A YEAR - THE DAD WANTED HER TO AGREE TO GIVE HIM SOLE CUSTODY SO HE COULD MAKE DECISIONS FOR THE CHILD. SO, WE OFFERED THIS INFORMATION AS AN ALTERNATIVE TO A PARENT HAVING TO GIVE OVER SOLE CUSTODY. YOU MAY HAVE TO EDIT THE INTRO LANGUAGE.]

In general, joint custody can be structured in many different ways and usually involves legal custody and physical custody. Generally, in many situations, when parents have joint legal custody, it means that the parents need to consult with each other regarding major issues such as health, education and religion and come to a consensus about what to do. However, a joint custody order generally does not mean that one parent cannot make a decision without the other parent being present. In other words, if a child is taken to the hospital and the doctor asks the parent to decide if the child needs surgery, the doctor may not ask that parent if the parent has sole legal custody or joint legal custody. If a parent who has joint legal custody is concerned about not being able to make major decisions without having to consult with the other parent, it could be possible that the parent who is not physically present can sign a notarized letter indicating that for a certain time period, the absent parent authorizes the other parent to have sole decision-making power over the child. In some states, this is called a “custodial power of attorney” – basically it temporarily gives someone who is not the custodial parent the power to make decisions in the custodial parent’s absence without affecting that parent’s future custodial powers over the child. This way, the parent who is physically present may feel more secure that s/he is able to make decisions on his/her own without either parent having to go back to court to try to change the whole custody order. Also, it is usually in the best interest of the absent parent to add a sentence saying that the parents have agreed that this temporary authorization won’t affect future custody issues (to avoid, for example, one parent claiming the child was abandoned or using it against the other parent in an attempt to take away that parent’s custodial rights, etc.).