Custody

Ari1993

New Member
My question isn't something that applies to me, it's more of a question for my boyfriend.
He has a two year old son whom he pays child support for, the mother is in rehab and will be for over a year. She gave the child to her mother(who has power of attorney over her), there is no legal paperwork stating her mom should have him. My boyfriend's lawyer came up with temporary custody papers but the mother of the child won't sign them, could her mom sign them since she has power of attorney or would it help that the mother of the child is in rehab.
 
The situation is likely far more complicated than signing a form. Love, as you know, involves many emotions. Drug abuse can destroy a person's ability to properly reason. The mother isn't required to sign away her babies, nor does such an act rise to any legal significance. If your friend is interested in seeking temporary custody LEGALLY, have him consult his lawyer to initiate a court case to seek such custody. Good luck.
 
He should ask his attorney why they're not filing in court to change custody.

(Dad has every right to do this)
 
That's the problem she has said she doesn't want to take care of him,but now she doesn't want to give the father any say so when she's leaving the city for over a year, she's on drugs to the point there is no way to reason with her.and we aren't asking her to sign over her rights just give him ttemporary custody so he's not left having to search for her for certain things, my question was would her mom be able to sign for her since she has power of attorney. We have the paperwork stating she gets her custody reinstated when she gets out if it is proved she finished her program we just need to find out signature wise and his lawyer took his money and ran so now we have to figure it out ourselves
 
That's the problem she has said she doesn't want to take care of him,but now she doesn't want to give the father any say so when she's leaving the city for over a year, she's on drugs to the point there is no way to reason with her.and we aren't asking her to sign over her rights just give him ttemporary custody so he's not left having to search for her for certain things, my question was would her mom be able to sign for her since she has power of attorney. We have the paperwork stating she gets her custody reinstated when she gets out if it is proved she finished her program we just need to find out signature wise and his lawyer took his money and ran so now we have to figure it out ourselves

The agreement means nothing, legally.

He needs to get paternity sorted out, and file an ex-parte (emergency) custody order so he can go and retrieve the child.

No, her Mother has no legal custody or rights to the child in that context - a POA doesn't confer parental rights.
 
Written custody orders still have to be approved or accepted by the judge. Not very likely that he would accept her mother's signature with power of attorney. He will need to have a hearing in front of a judge.
 
I'm still a bit baffled actually. Grandma has no legal right to keep the child from Dad. I'm not sure why this seems so difficult - it's a shoe-in. Dad files, and unless Grandma can file for custody herself, and proves him unfit, he's going to get custody.

OP, I have to emphasize this again - you and your ex are the ONLY people entitled to custody of your child. Your ex is away for a year? If you have to establish paternity first, file THAT along with an ex-parte (emergency) petition for custody. Mom needs to be served - but Grandma does not.

Please have your attorney explain why that's not happening.
 
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