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PDF Editor FAQ

How can my husband and I tell our seven-year-old son we’re leaving him behind to work abroad? We plan to leave this month. My sister and her husband will get custody of him. We’ll come back to the U.S. and regain custody of him eight years from now.

This is a joke- right?? It has to be guys. This isn’t how custody works anyway. You can’t “give” custody at all- you could either sign power of attorney and guardianship to someone or have them adopt the child. But there’s no way to give custody on a temporary timeline. Kids aren’t objects to be left behind and then reclaimed. They have real thoughts and feelings. To not even prepare the child for his parents leaving, forever, in his eyes- that’s just flat out child abuse. I hope if this is true the sister is adopting the child and plans on not allowing the parents to ever see them again. They are going to put the child into intensive therapy and are prepared for all the extra that’s going to come with a new chold- not to mention one dealing with attachment issues. Reactive Attachment Disorder is a real thing. This is psychological abuse and incredibly unhealthy for the child.

Could a polygamous family use a corporation and other legal instruments to simulate a polygamous marriage? If so, how?

Assuming you're talking about the United States, the answer is no. This is a question I've researched, as I'm polyamorous. A poly discussion group I attend even went so far as to bring in a family lawyer to discuss just this topic.In the US, there are about 1,400 rights and privileges granted by law to a married couple. Of these, roughly 1,200 or so can not be granted by any other means—not trusts, not contracts, not corporations.A corporation would allow a polygamous family to jointly own property, and wills can sort out inheritance (mostly). But most of the rights and privileges that come with marriage, nothing else can grant, full stop.I'll give you some examples:Married couples have spousal immunity. You can not be compelled to testify against a spouse in a court of law. No corporate structure, no contract, and no trust grants shareholders or officers in a corporation immunity from being compelled to testify in court.Jointly owned property in a marriage is immune to individual civil tort. Suppose you and your spouse own a house. Suppose your spouse, but not you, is sued in civil court and loses. The person who sued your spouse can attach a lien against your house to secure a judgment, but here’s the thing: if you don't sell your house, that lien can't be exercised until you die. If your spouse dies first, the lien is vacated. No corporate structure protects corporate assets this way.Married couples have a legal claim to inheritance of certain Social Security and pension benefits if their spouse dies. Corporate officers and shareholders do not.Married couples automatically have medical power of attorney. Corporate officers and shareholders do not.myou can grant these rights by signing the proper documents granting power of attorney, but be careful! Banks and hospitals have been known to refuse to accept durable power of attorney, it happens often.Corporations do not grant child custodial rights to their officers or shareholders.There are a lot, and I mean a lot, of laws around tax burdens attached to transfer of property within families and between spouses. Spouses can leave each other estates up to a certain amount or transfer property or money without incurring income tax debt. This is not true for officers or shareholders of a corporation.Similarly, parents can create trust funds for their children that have certain, often significant tax advantages that you can't get through corporate structures.The list goes on and on and on.

Is it possible for a parent in Florida to give custody of a child to another relative who lives in New York?

It is possible but it would have to be done via the court. One cannot simply give custody to somebody. However somebody under certain cicumstances can give Power of Attorney for specific time periods.

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