My fiancee and myself enlisted into the service. So my fiancee made up some power of attorney papers basically saying my mother has POA/legal guardianship/sole managing conservatorship of our daughter.This was in febuary now were done with training about to be married and were trying to get our daughter back but she refuses to give her back. She says since the papers were notarized shes the legal guardian. Is this possible if the case never went to probate court? Only thing she did was had them notarized.How do we go about terminating the agreement? Is this a legal binding document if it was not filed? can i void the agreement/keep it from being valid? im trying to find out because shes is leaving the state with my daughter and does not plan on coming back. Thanks in advance for your help
Family Law Attorney
The power of attorney is not legally binding on you. All you have to do is file a revocation and it is done. You should be able to just pick up your child at any time and take her home. You mother could be charged with kidnapping if she doesn't return your child. (Do both you and the child's father want her back?). If the police won't help, you might have to file a habeus proceeding with a Court, but it shouldn't go that far.
Good luck to you.
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Child Abuse Lawyer
I don't practice in Texas but I would be pretty sure that there are legal remedies for a parent in your situation. Because you are faced with an emergency, you probably should not try to handle this on your own. You need an experienced child custody attorney immediately.
Don't wait for an answer about what you can do. Use the resources for finding an attorney in Houston that the Avvo staff posted. I'll link it again below.
Another resource would be looking for a parent-serving family law attorney at the National Association of Counsel for Children attorney referral site, which I will also link below.
In Massachusetts and any other state using the Uniform Probate Code's guardianship of children provisions or anything like them you are right that a notarized power of attorney is not a guardianship. Any authority that a parent gives to someone in a document that is not turned into a guardianship or other form of custody by a court is revocable by the parent.
If she doesn't give your daughter back based on your request be sure to get a lawyer and get into court before she leaves. You might also consider contacting the police for the town where she currently resides as her refusal to give you back your child or to take her out of state without your permission MAY be a crime.
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