How do I get my rightful visitation or better, custody of my two children when my father and step-mom have Power of Attorney?

Asked over 4 years ago - Albertville, AL

My wife and I are currently separated and have been so for a year, we are still legally married, and there hasn't been court determining full custody so as far as I know I still have parental rights to my kids.

She left the state with them for one year, during which I paid child support, and returned this year in August of '09 which is when she gave Power of Attorney to my father and step-mom. I had no option to take responsibility or I would have, and I also had no knowledge of this until several months after. She did this with the condition that I may not leave with the children, but that I can visit them there. However there is no legal or court ordered reason, current or past, that I should not be able to spend alone time with my children. These are just 'her' terms.

What can I do?

Attorney answers (1)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . go to court and request custody and/or visitation on terms that suit you and are best for your kids. However, think about why your ex trusts your father and stepmom but not you. Perhaps you should discuss this with your dad.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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