My ex husband went into rehab right after Thanksgiving for cocaine. We have joint custody of our 5 year old son. He gave power of attorney to his mother. She is not complying with the divorce papers. Took my name off of the pick up list at school, and will not return any of my calls. What are my rights? I I get him can I keep him until his father returns ? My son lives with his father, and visits me on the weekends, but I have not seen him since Thanksgiving.
Please help I'm going crazy without him !! I live in Fl
2007-12-26 10:31:42 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Call the court liason where your divorce was granted and ask to speak to an attorney pro bono ( for free ) . explain the situation once you obtain an attorney and go get your son but do it legally. His mother is NOT listed on the custody agreement so she has zero rights to take him away from you, power of attorney or not... as far as I know in any state in the USA. Your husband must comply with the court or lose custody to you... as far as i know and i am not an attorney.
2007-12-26 10:50:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
When i hear a woman say the father has custody I automatically assume that there was a reason why you didnt get custody. If that reason still applies, you may be in some serious trouble, since his mom has power of attorney.
2007-12-26 18:38:29 · answer #2 · answered by primalclaws1974 6 · 2⤊ 0⤋
You should definitely consult a lawyer. You may need to go to court. Good luck. Perhaps you can petition to change the custody decree, since your ex is a druggie.
2007-12-26 18:37:44 · answer #3 · answered by eldots53 7 · 0⤊ 0⤋
Contact chidlren services and/or the courts and advice them that Grandma isnt honoring divorce decree and see if she should have him or if he should be turned back over to you. Good luck
2007-12-26 19:20:02 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
Lawyer, lawyer, lawyer
2007-12-26 18:35:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋