QUESTION
Can my ex-husband sign a power of attorney, making me the decision maker regarding our son's travel outside the US?
Asked on Feb 13th, 2014 on Child Custody - Rhode Island
More details to this question:
My ex-husband moved back to Russia 4 years ago. We have a son together and joint custody. Can he sign a power of attorney, making me the decision maker regarding our son's travel outside the US or do I need to go to court and have our custody plan modified? I do not want to strip him of his parental rights in case he decides to come back to the US.
5 ANSWERS
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If he'll sign a power of attorney, I would simply have him sign a stipulation to modify the decision-making order. You can spell out exactly what authority you have and what has changed. It is not the same thing as taking away his parental rights. You should consult an attorney if you need more help.
Answered on Feb 18th, 2014 at 11:22 PM
Heidi Glaser
You do not necessarily need to go to Court if you both agree. Perhaps you can just enter a Stipulation and Order indicating that both parents agree to permit you full legal custody for so long as dad is living outside of the United States. This document would need to be filed with the Court, but neither of you would need to appear. In California, custody - including legal custody - is modifiable until the child is 18, so you can change things as necessary during that time and certainly this seems like one of those times.
Answered on Feb 18th, 2014 at 11:21 PM
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If this provision is not part of your custody order, you will want to modify it. You can temporarily modify between the two of you, but if you want something enforceable that prevents your ex from showing up and taking your child to Russia, you will need to change the parenting plan/custody provisions. You should at least consult with a family law attorney and have your current documents reviewed to know your options.
Answered on Feb 18th, 2014 at 11:21 PM
Bruce Provda
This sounds like a reasonable course of action. You should consult a custody attorney to draw up this paperwork so that it is valid and yet doesn't violate your husband's parental rights.
Answered on Feb 18th, 2014 at 11:20 PM
Commercial Contracts Attorney serving Boise, ID
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Why do you need it? You are the custodian of your son and have the right to make legal decisions for him, right? Or is this just a Department of State issue regarding the issuance of a passport? If he has a passport, I don't understand why you would need the POA.
Answered on Feb 18th, 2014 at 11:20 PM