I don't want to give up custody. My daughter wants to go to school in another state with her sister and live there for a year?

Q:  As the custodial parent (father), would I be giving up custody if I allowed my daughter (10) to live with her grandmother (mother's mother) for a year to go to school in another state (NC)? Can her mother then try to keep her in NC by filing for custody for her?

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Also if we drafted up a document and got it notarized that the agreement is only for one calendar year and she must return then, would that void any claims for her grandmother or mother to be granted custody?

A:  David's Answer:  To answer your question with more precision, I'd need to know whether there is a prior order of custody. If there is, then you're well advised to go into court and have any "agreement" between you, the mother & the grandmother incorporated into a modified order. That said, the court cannot preclude the mother from filing for a change of custody a year later, nor can the court approve a provision stating that the child will automatically return to you in a year. For a full assessment, schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)