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Tallon v. Dasilva

Practice Area: Child custody

Outcome: Mother granted custody over grandparents when father deployed overseas.

Description: Father was called to active duty on a prolonged overseas assignment. Prior to being deployed, mother and father shared physical custody of their minor child. When father attempted to give away his shared physical custody rights to the paternal grandparents through a power of attorney (POA) form and argue that his overseas assignment prevented the family court from determining the custody issue, the family court instead found it had the power to make a custody decision and that a POA form could not take away the court's discretion in determing custody. The trial court awarded primary custody to mother during father's overseas duty.

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