Can a custodial power of attorney be used to keep the biological mother, and custodial parent away from her childeren?

Asked over 1 year ago - Gulf Shores, AL

The document being used to keep my wife from her childeren has her signature forged on it, and was used to interfere with her custody of her two childeren this weekend. We were told that we had to get an emergency custody order when the court opens on wed. The sheriff deputy who was called because this person physically attacked my wife, in front of her childeren, when she said she wanted her childeren, threatened to put us in jail for being on the property, even though she is the biological, and custodial parent of the childeren. The people who used this document not only forged her signature. These people are neither legally related to her, or the childeren, nor biologically.

Attorney answers (1)

  1. Amber Yerkey James


    Contributor Level 10

    Answered . You should contact local law enforcement and look into the possibility of filing charges for interference with child custody. You should also contact a local family law attorney and see what can be done. In our area, we would file an action called a Petition for Writ of Habeas Corpus. I would think the procedure would be the same there, but each county has its own way of handling these types of issues.

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