Military father deployed overseas serving in Nevada. Mother living in ny. Children were visiting when father was deployed. D

Asked about 3 years ago - Medina, NY

does military power of attorney override the rights of the mother who has legal custody of the boys. Can the father give custody over to his wife (there step mother)
Or are the rights of the mother being violated.

Attorney answers (2)

  1. Mary Katherine Brown


    Contributor Level 20

    Answered . If there is a valid order from a NY court, it cannot be unilaterally changed except by a higher court. A "military power of attorney" is a stop-gap measure for service people who need someone to look after their affairs while they are deployed--it does not confer custody of children, even if the service person actually had an order granting custody.

  2. Megan Misiti Cumbo

    Contributor Level 9

    Answered . Custody cannot be changed without a court order. If the prior order was from a New York court, it may specifically say that New York retains jurisdiction.

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