In 2008 I left my son with my mother so that I could move to Georgia. I got a Power of Attorney giving her temporary guardianship of my son until I found a place and was able to come and get him. Unfortunatly, I have had some setbacks, but now I am ready to get him. My mother claims she is taking me to court for custody even though I have done nothing wrong. She believes it is in his best interest to live with her instead of living with me and his siblings because he is confused and believes that he will be able to go back and forth between us. I need to know what steps I need to take. Also do I have to get the P.O.A. revoked where I got it or can I get it revoked at any lawyers' office? If you read this please try to give me some feedback. I just talked to my son and he really wants me to come get him and now my mom is trying to take him from me, so please share any knowledge or advice you have. Thank you....
please respond!!!! i need help
- Thread Starter mshiggins
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I will assume that the POA/guardianship was filed with a court in Virginia. If so, I believe it will have to be revoked through the same court. Was there no expiration date on the POA?
If your mother files for custody, you will need a lawyer. Your son has lived with her for two years and she may be successful in getting custody based on that status quo. However, I suppose that if the POA/guardianship is revoked before she files, your mother would have no legal rights to keep your son.
Hopefully, others who know more about POAs will reply.
Regardless, you need a lawyer.
If your mother files for custody, you will need a lawyer. Your son has lived with her for two years and she may be successful in getting custody based on that status quo. However, I suppose that if the POA/guardianship is revoked before she files, your mother would have no legal rights to keep your son.
Hopefully, others who know more about POAs will reply.
Regardless, you need a lawyer.
Well this is the situation. My brother is an endangerment to my son. He cusses, hits him, and gets into rages. If she takes me to court I will say all that, but I have not really sent her any money. I am trying my best to make my family life better and now she is threating to take my son away. The expiration date on the P.O.A. is whenever I get it revoked. I don't even have to get her to sign it, just me. I did not go to a court to get the P.O.A. I just went to legal aid.
army judge
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I'm not sure that a POA can be used to accomplish what you intended.
It seems you wanted, at one time, for your mother to act as a temporary guardian for your child.
I don't know if what you gave her (a power of attorney) can convey to her the power that she now asserts.
There are two primary types of guardians in Virginia -- guardians for children and guardians for incapacitated adults.
Only a court can appoint someone to be a guardian.
That never happened in your case.
I'm not sure whether a "power of attorney" can effectively transfer your parental authority and rights, without the sanction of a court.
One can't legally sell their child.
Therefore, one can't legally sign away their parental rights (without benefit of judicial process), albeit temporarily; either.
All you intended to do was to allow your mother to make decisions about the child's care in your absence.
You never intended to abandon your child or abdicate your parental duties, responsibilities, and rights.
You certainly never intended to give up or child.
However, all of that said, there is more that complicates and confounds this issue.
You left your child and are now in Georgia.
The "power of attorney", notwithstanding, she has "mothered" the child.
To the child, she has been mom.
Sadly, you haven't, perhaps for valid reasons; nevertheless, you haven't been there.
She has cared for the child for two years.
You haven't supported your child.
Your mother has cared for, loved, parented, and supported her grandchild.
She might have custom and practice on her side, ultimately creating some legal fiction of parental control or rights.
I don't think the "power of attorney" you gave her was ever (or could ever become) valid in support of her claim as a legal custodian.
You need an attorney.
Right now, all I see is a civil dispute.
You're the mother.
Your parental rights have not been extinguished or terminated by operation of law.
However, you can at any time revoke any and all power given to your mother as your agent.
Therefore, formally revoke th e"power of attorney", immediately.
Therefore, in my considered legal opinion you can just go and get your child.
However, I am not your attorney.
I am not a judge in Georgia or Virginia.
I don't practice law in Georgia or Virginia.
My opinion is just that, an opinion, just another opinion.
It should spur you on to action.
Talk with a lawyer in Virginia and see if you could legally do what you believe you've done.
Then validate how you formally withdraw the "power of attorney" and the ability of your mother to act as your agent in the care of your child.
Good luck.
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Proserpina
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