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Can a custodial power of attorney be used to keep the biological mother, and custodial parent away from her childeren?

Gulf Shores, AL |

The document being used to keep my wife from her childeren has her signature forged on it, and was used to interfere with her custody of her two childeren this weekend. We were told that we had to get an emergency custody order when the court opens on wed. The sheriff deputy who was called because this person physically attacked my wife, in front of her childeren, when she said she wanted her childeren, threatened to put us in jail for being on the property, even though she is the biological, and custodial parent of the childeren. The people who used this document not only forged her signature. These people are neither legally related to her, or the childeren, nor biologically.

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Attorney answers 1

Posted

You should contact local law enforcement and look into the possibility of filing charges for interference with child custody. You should also contact a local family law attorney and see what can be done. In our area, we would file an action called a Petition for Writ of Habeas Corpus. I would think the procedure would be the same there, but each county has its own way of handling these types of issues.

Asker

Posted

The Sheriff's Department refused to let my wife file charges for interference with child custody. We did a Revocation of Poa, as well as a petition for custody. Dhr was called, and they told us we are not taking the kids because we want to move to Kentucky where their Bio-family lives, and we have a safe, Stable home. My wife had 5 other childeren taken, by Fl, who almost took these two two years ago, however, Al stepped in, and said no. Now Al is allowing them to kidnap her childeren, and not doing anything for us. We haven't the money for an attourney, however, when we filed the paperwork, they did a hardship for us, however we still have no representation. Basically we were told, it's ok for someone to come take our childeren against our will, and we can't do anything about it because we don't have a home here, we live in Kentucky now. Should we get Ky involved?

Amber Yerkey James

Amber Yerkey James

Posted

You really need to get a local family law attorney involved at this point. If you cannot afford an attorney, you can contact the Alabama Volunteer Lawyer Program. They may be able to put you in touch with an attorney that can assist you.

Asker

Posted

Do you have a phone number for them? Please, and Thank You! In my research this past 4 days, what they're doing is illegal by Al state laws. The state, except the court clerks office who has assisted us as much as possible, has been on these people's side, even though they are standing on fraud, and forgery, while we try to stand on the truth.

Amber Yerkey James

Amber Yerkey James

Posted

The South Alabama Volunteer Lawyers Program can be found at http://www.savlp.org/. They have an option for you to apply online for a volunteer lawyer.

Asker

Posted

Thank you for your help!

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