Temporary Custody - Waycross,GA

Updated on May 15, 2010
J.O. asks from Waycross, GA
10 answers

I am going to be a commercial truck driver in about a month. The only way to get a local job is to have experience, so I have to go over the road for one to two years. If I divorce my husband, can I give temporary custody and still be able to get them back when I get a local job? I do not want to do anything that would cause me to lose my kids.

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S.S.

answers from Daytona Beach on

very tough to get custody back once you give it away. i worked in family law in FL. and the only way that the judge would consider changing custody is if there was a significant change in circumstance. i would suggest writing in stipulations in the divorce decree that you will get kids back once you are done if that's possible. or joint custody w/ visitation.

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T.F.

answers from Miami on

I just have to jump in here because I'm wondering why no one is asking why you can't find a job that does not take you away from your kids for 1-2 years? Personally, I'm appalled that a mom would be willing to do that to her children for a job. Yes, the economy is bad and some people are having a hard time finding jobs, but really, what's more important? Your kids should be. There's got to be a job for you that doesn't take you away from your kids; they need their mom. If truck driving is yoru dream, wait until your kids are grown to pursue it. As much as my kids drive me crazy at times and I sometimes wish it was just me again, I would never even think twice about "abandoning" my kids even for a short time, let alone a year or two. Sorry to be harsh and judgemental, but your question struck a nerve, I guess. I hope that you ultimately make the right decision for you and your family...

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J.F.

answers from Phoenix on

Get an attorney. My husband was in the military and gave custody of his 2 kids to his ex-wife when he deployed. He was never able to gain custody back. He would have had to prove her an unfit mother in order to regain custody. He got more visitation once he was out of the military and no longer deployable, but he could not get even shared custody back. Laws vary by state so consult an attorney. Good luck!

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R.W.

answers from Tampa on

Go with or without your husband and see a lawyer - I would not take answers from mamapedia on this issue.

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S.B.

answers from Tampa on

I agree with the other posts--- but you did not mention the ages of your children. Being gone for a year or 2 is a LONG time for a child & they may perfer to stay with your husband after such a length of time.

Tough choices, do lots of research & definitely speak to professionals!

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M.C.

answers from Washington DC on

Are you planning a divorce? I would talk to a lawyer before deciding anything.

If the kids are going to stay with their Dad while you are gone driving, then you can have joint custody, with Dad having primary physical custody.

I would also put in the custody agreement, that primary custody would be re-evaluated at the time that you secured a local position.

M.

F.H.

answers from Phoenix on

do not ever give up custody. you can still have sole or joint custody and have the other parent have "resident custody", which means they are the primary "home". Even so, as long as your ex agrees to have the kids while you are on the road, you don't have to have any kind of paper for that. talk to a family law attorney in your state so you don't make any mistakes that will hurt you in the future. good luck!

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R.W.

answers from Tampa on

I hate to tell you this but you are the one choosing to leave the state, not your husband. If he has custody while you are away and the children are doing great and being well taken care of if he does not want to give you custody back when you return the judge will let him keep them. After all the judge will tell you that you had a choice, that you did not have to leave your children. There are jobs at McDonald's, Taco Bell, Wendy's, gas stations, Hotels, Motels and plenty more places. They might not pay as much but they are local jobs where you could be with your children. I don't want to sound mean but I was a single Mom and took what ever job I had to to keep my girls. I also know from a friends experience, if you leave your children and go out of state you are giving up all your rights to them. Re-think your plans. Even if your husband agrees to give you custody back when you return he could change his mind after two years go by. My husband and I had joint custody. But I had physical custody. I had full say so over what they did, where they lived, etc....All joint custody means is that you have visitation rights and he needs to let you know if there are any major health issues...And that's all it means. My girls quit seeing their biological father after the oldest turned 12. They have no use for him at all. Also, your children might not want to be with you after you have been gone so long from their lives. If I were in your position I would look for work around here. And shame on you to think your husband should be willing to keep the children for a year or two and then just hand them over to you. That would be not only cruel to him but to the children. Get a local job or give up custody and just have visitation....

C.O.

answers from Washington DC on

Woof - Alysse - you have a lot going on. You need to sit down and talk to a professional before you make any rash decisions in your life.

You can still be a local truck driver - I have a friend who just graduated the course for one of the companies.

Do a ton of research on this. Usually once you give up custody - you lose it forever (although I don't know this for a fact). You can have joint custody of the children.

Do

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L.W.

answers from Miami on

Probably not. I know someone who gave temporary custody of her kids to someone so she could get back on her feet. The state took them away, and leveled all sorts of neglect charges against her. They have since been adopted. In some cases, people do give up their kids temporarily, then get them back. But it is incredibly bad for your credibility as a parent and will make the state watch you like a hawk. My own mother gave her parents temporary custody when I was baby. While she was away straightening herself out, they gave me up for adoption. She didn't see me again until I was 14.

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