My husband is going to be leaving for Boot camp soon and he will have to go back to court for child support for his daughter. He wil not be able to appear in court to show paycheck stubs. So, my question is: if he signs power of attorney over to me, can I go to court in his place? Thanks!!
2006-11-08 09:20:17 · 6 answers · asked by yeager_renee 2 in Politics & Government ➔ Law & Ethics
No. But given the fact the the Federal Government is his employer, they probably will grant a continuance.
If he needs representation at a hearing (to present evidence of some sort) you'll need to hire a lawyer or get a lawyer to do some pro-bono work. You might be able to get some assistance through a "Father's Rights" group. I also think the military might have a program to offer some sort of legal assistance --especially during wartimes.
2006-11-08 09:46:47 · answer #1 · answered by jacktree2466 2 · 0⤊ 0⤋
All of the above answers are helpful advice for your particular problem. But to answer your question, to represent someone else in Court, you have to be "admitted to the Bar". This is the difference between being an "attorney-at-law" (a lawyer), and an "attorney-in-fact" (having someone's P.O.A.) Also, if you do have paystubs showing that support payments have been made, and on time, make photo-copies of them and mail them to the other attorney. No attorney wants to take a losing case to court. Your husband's ex may be trying to take advantage of your husband's situation, and not have told her attorney the truth.
2006-11-08 10:23:58 · answer #2 · answered by Pete 4 · 0⤊ 0⤋
mostly, attorneys are not allowed, yet when that is an organization, an legal specialist can ask the court for permission to be there, in a good number of cases putting forward that is because they represent the corporate in all concerns like this, etc. the ingredient is, don't be intimidated by an legal specialist, and once you're feeling badgered, tell the choose. And someone representing themselves can continually merchandise, similar to an legal specialist can. you may get a transcript of the listening to, and attraction depending on the harassment by the different area.
2016-11-28 22:35:00 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Even if you have P.O.A., and all his pay stubs etc., you are NOT an attorney.
Judges do not look kindly on regular people who try to act as their own defense attorney.
It might cost a few $$ but to have an attorney present in a Family Court proceeding is WELL ADVISED, otherwise your husband will be paying through the nose.
2006-11-08 10:08:38 · answer #4 · answered by Len_NJ 3 · 1⤊ 0⤋
I am not a lawyer, but to answer your question, the answer is no.
If your father was incapaciated power of attorney would allow you to go to court and show why he can not comply with the court order.
Power of attorney is not for that. Sorry
2006-11-08 09:28:46 · answer #5 · answered by Mj 1 · 0⤊ 0⤋
Generally no. The power of attorney allows one person to sign their name as an agent of another person.
That is separate from being an attorney at law, which carries with it the right to represent someone in a court of law.
2006-11-08 11:55:53 · answer #6 · answered by coragryph 7 · 0⤊ 0⤋