QUESTION
Can a power of attorney letter demand child visitation?
Asked on Sep 14th, 2018 on Guardianship and Conservatorship - Texas
More details to this question:
If a non-custodial parent (father) is incarcerated at the moment (15 years) and gives their agent (grandmother of children) a power of attorney letter, can that letter demand child visitation from the custodial mother? The grandmother is stating this power of attorney letter forces the mother to continue the father's previous child visitation schedule.
1 ANSWER
2 Awards
No.
Both parents together can sign a temporary power of attorney, revocable at any time, which allows someone to care for their child.
One parent cannot grant someone else temporary custody and control even during that parent's visitation periods. That court ordered visitation is personal to that parent and cannot be transferred to someone else.
Whether the child can be ordered to visit the parent in prison is a question for a family lawyer and may well require new orders from the family court.
Answered on Sep 15th, 2018 at 5:07 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.