QUESTION
Will a POA allow me to move my kids back home?
Asked on Feb 14th, 2013 on Family Law - Ohio
More details to this question:
My sister has custody of my 2 children because I have a case with the Department of Human Resources. She wants to give me a power of attorney to put them in school. The children currently live with their dad’s parents. Will the power of attorney allow me to move them to my home?
8 ANSWERS
Insurance Attorney serving Seattle, WA
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James Thomas Saulbury
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First you state that your sister has custody of your two children, then you state that your children live with their paternal grand parents. Unfortunately, I will need more information to properly answer your question. If you parental rights were terminated by the Department of Social and Health Services, serious issues may arise if your sister gives you a power of attorney.
Answered on Mar 05th, 2013 at 10:29 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You would need to petition the Court for custody to take them away from your sister.
Answered on Feb 20th, 2013 at 2:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, too many parties and not enough fact for an quick opinion.
Answered on Feb 19th, 2013 at 2:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If your sister has custody, why are they living with their grandparents? Will the grandparents allow them to live with you? I suggest you contact an attorney, call the Idaho State Bar for a referral, and get this sorted out.
Answered on Feb 19th, 2013 at 2:18 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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No, a POA is not the correct mechanism to utilize regarding custody/visitation with children. You need a court order.
Answered on Feb 19th, 2013 at 2:17 PM
John Arthur Smitten
Based upon this fact pattern a POA will not help you. You have to get an order from the court.
Answered on Feb 19th, 2013 at 2:17 PM
Divorce & Separation Attorney serving Ridgeland, MS
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Hancock Law Firm, PLLC
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A POA would be ineffective for this purpose. A change of custody or guardianship would be required to legalize the change of custody. A family law attorney could assist you with this process.
Answered on Feb 19th, 2013 at 2:16 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, you may not use a POA to supercede a custody order by the court. Please see a family law attorney to get this sorted out. From your narrative, I am not really certain I understand the situation.
Answered on Feb 19th, 2013 at 2:16 PM