paper for them giving htem the rights to the children. The paper has no date on it, and it was notarized. My husband and I are getting divorced and says that his mom has custody of the kids since that paper never expired and that he is taking both of my kids from me and he legally can because there was no date on the paper. My oldest doesn't even belong to him. Can those papers be held against me like that?
2007-11-26 14:31:53 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Well, what was the paper you signed? Was it a power of attorney? If so, all you have to do is write a new statement revoking it. You need to get a copy of that paper. If you don't have it or if they won't give it to you, refuse to give him the children voluntarily and get to a lawyer immediately. I doubt you signed anything that gave your children away permanently--it was probably for them to make decisions while the kids were in their care.
2007-11-26 14:45:51 · answer #1 · answered by David M 7 · 4⤊ 0⤋
It takes more than just a signed, notarized piece of paper between parties to terminate parental rights; it has to go through the Courts.
If he choses to fight for custody or fight for his mother to have his custody on his behalf there is no way around going to Court and sooner or later you need a lawyer and better sooner than later.
The document could be used in a custody battle by your ex that a stable home has been established with his mother over the Summer and if they are still with her, that it might be in the best interest of the children not be uprooted in the midst of your divorce.
2007-11-27 03:48:45 · answer #2 · answered by bottleblondemama 7 · 1⤊ 0⤋
That is just insane, that is no way a legal paper giving your mother in law or any one else custody of your children. My daughter fills out the same paper work for me when the kids stay with me. It is for medical attention only. Get yourself an attorney and sleep easy. Divorce is a nasty process and I'm sure he is just trying to scare you. Let your lawyer deal with these problems.
2007-11-26 22:51:31 · answer #3 · answered by Katie H 2 · 1⤊ 0⤋
If the paper you signed was a power of attorney (I'm guessing it was), you should revoke it. The following are general instructions for revoking a power of attorney - you should check your state's laws for any specific requirements:
"In order to revoke a durable power of attorney, you simply write or type a statement which includes the following:
Name and date
You are of sound mind
You wish to revoke the durable power of attorney
Specify the date the original durable power of attorney was executed
Specify the person or persons named as your agents
Your signature
Distribute copies of that statement to your agent and to any institutions and agencies, such as banks and hospitals, that had notice of your power of attorney"
2007-11-26 22:42:37 · answer #4 · answered by Anonymous · 1⤊ 0⤋
I dont think it will hold up you need to see a lawyer,you signed a paper to give them rights to have them treated if they got hurt Right?not to give them custody of the children.That would be my defense if i were you.No way do they have rights to the son that is not his.Good Luck
2007-11-26 22:47:51 · answer #5 · answered by wanna know 6 · 1⤊ 0⤋
I would hope not. I would seek legal counsel as soon as possible.
2007-11-26 22:35:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋