QUESTION

How do I revoke the temporary custody so I can add my girls to my lease?

Asked on Oct 23rd, 2012 on Child Custody - Oregon
More details to this question:
I signed temporary custody over to my mother seven years ago. She has had a stroke and the kids are now here with me. My mom never kept them from me and she has even agreed to sign a power of attorney for me to make medical decisions and handle her finances.
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7 ANSWERS

Leonard A. Kaanta
You have to go to court to change custody.
Answered on Oct 26th, 2012 at 7:43 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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If your "signed temporary custody" document was approved and adopted by a court, you will need to go back to court and have it revoked or changed. If there was no court order involved, there is nothing you need to do because you are the parent and any informal agreements with your mother can be revoked at will.
Answered on Oct 25th, 2012 at 2:16 PM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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If you gave guardianship to her, you can simply revoke the guardianship.
Answered on Oct 25th, 2012 at 2:15 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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If there was a court action which granted her custody, you have to make a motion for return of the children and maybe a dismissal of the temporary custody case. If you signed a power of attorney giving custody to your mom, you can revoke that.
Answered on Oct 25th, 2012 at 2:15 PM

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Dennis P. Mikko
Revocation of the temporary custody arrangement would depend on how it was created. If it was done informally, there may be nothing you need to do. If it was done by court order, you would have to petition the court to amend the order. If your mother is in agreement, this should not be a problem. If it was done by giving her power of attorney, a revocation of the power of attorney would work. Without knowing more, it is difficult to advise.
Answered on Oct 25th, 2012 at 1:12 PM

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You can file for a court hearing or easier you and mom sign an agreement that gets filed with the court and a judge signs it. There is mandatory language to be included so you may need legal help in drafting it so the court will accept it Opinion only not legal advice.
Answered on Oct 25th, 2012 at 12:30 PM

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This is not difficult; there are different ways to revoke a document. You can tear it up and throw it away, you can write "Revoked" across the body of it, etc. Your parental rights are intact. A power of attorney (POA) to make decisions for your mother is another matter. The best way to get one is to go to an attorney and have the attorney draft one that is specific to your situation. A poorly-drafted POA can be abused fairly easily, so it is best to have an attorney do it. That being said, there are forms that you can get on the internet or at a legal stationers store that you can fill out yourselves. But be aware that there are different kinds of POAs; a POA may be "springing" which means it springs into effect upon a certain event or condition, or it could be "durable" which means it is in effect once it is fully executed. Then there is the issue as to whether the POA is still intended to be valid if the grantor becomes incapacitated, and so on.
Answered on Oct 25th, 2012 at 12:29 PM

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