Why didn't my power of attorney work when CPS picked up my grandson from the non-custodial father during a visit. How do I get

Asked over 3 years ago - Phoenix, AZ

We live in Arizona. My grandson is two years old. His mother and father were never married and no custody order exisists between them. The father is on the birth certificate. Here is what happened. I have had physical custody of the child for about 9 months. His mother got arrested and went to trial. We were waiting for sentenceing before fileing guardianship but she signed a power of attorney. The father had visits with the child but not on a regular basis. He would come and pick him up for a few days when ever he felt like seeing the child but usually never more that 5 days total for a month.On one of these visits CPS came and picked up the child from the father sighting neglect. Shouldn't they have given him to me rather than file for dependency. My daughter provided for her sons care

Attorney answers (1)

  1. Ronee F Korbin Steiner

    Contributor Level 14

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    Lawyer agrees

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    Answered . CPS has power over that document without question. You have to go to CPS and request to be the foster home/temporary guardian of the child. Perhaps they saw you as unable to provide care because you allowed access to the father who might not be an appropriate caretaker.

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