2007-02-14 13:26:12 · 4 answers · asked by tlm 2 in Family & Relationships ➔ Marriage & Divorce
The way I understand your questions is that your ex gave a power of attorney to a third party and you are asking if that third party can take action in the child custody case. Is this correct?
If your husband is incapacitated or otherwise unable to make decisions and that power has been given to someone, then yes they can take decisions related to the child custody case as well as any other litigation your ex might be in.
Good luck.
2007-02-14 15:33:48 · answer #1 · answered by CV 3 · 0⤊ 0⤋
Power of Attorney is generally given for a specific purpose. For example, the right to make medical decisions for you should you be incapable yourself. They can also be revoked at any time by the person who granted it, as long as they are mentally competent.
So unless you made a very peculiar grant of Power of Attorney to your ex-husband, it should have no effect on your custody rights. A much more common grant is the right to make financial decisions and thus obligate you to pay debts incurred by the person holding the Power of Attorney. If you did make such a grant, then you should simply revoke it. Start by showing a copy of it to your lawyer. If you don't have a copy of it, then describe it to your lawyer. He should be able to get a copy for you, if it still exists.
2007-02-14 13:36:57 · answer #2 · answered by pondering_it_all 4 · 0⤊ 0⤋
I do not believe so... If you have at least joint custody then you should be ok.. If he had full custody i would be worried call a lawyer there are usually free for the first 30 minutes and ask!
2007-02-14 13:33:16 · answer #3 · answered by BLONDE BEAUTY 4 · 0⤊ 0⤋
I doubt it. But I am not an attorney, so you should probably seek legal advice from a professional.
2007-02-14 13:30:45 · answer #4 · answered by suz' 5 · 0⤊ 0⤋