I'm going to trial for a DUI in pa. I intend to fight it, it happened over a year ago. If convicted I have to serve 90 days in jail. I have sole custody of my 4 yr old daughter. Her bio dad has not seen her in well over a year and he has never taken care of her. My husband plans to adopt her when this is all over. My ex was abusive and is a drug addict with mental issues. My husband is the only father she's ever known. Can I ask for him to have joint custody of her? what is power of attorney? I want him to be able for her if I have to go to jail and legally be able to make decisions for her on my behalf. Sorry if it's confusing. I'm not familiar with any of this. I have never faced anything like this and just want my daughter safe and I know my husband is the best person for that. Thanks
You can sign custody rights over to your husband using a child care "power of attorney". You will need a document outlining custody transfer, notarized by a certified "notary public." A power of attorney over a child is a document signed and notarized by a parent giving a non-parent authority to make decisions for a minor child. The power of attorney is typically used by a parent who is unavailable for a period of time and wants to grant authority to another person over their child. (e.g. 6 months - 1 year in jail). You should consult with a family law attorney.
you may sign a power of attorney for the 90 days you are incarcerated, which will hopefully not happen. I have to warn you, however, that if your ex finds out about your incarceration he can go to family court and ask to have the child temporarily transferred to him. If you think he is willing to sign a consent order for adoption, you may want to have him do so right away.
Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Consult a NJ matrimonial and family law attorney who KNOWS custody issues....
Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. This response does not create an attorney-client relationship.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline