Legal Question in Family Law in California
hi my husband recently went out of country. he has 50/50 custody of two children and bio mom refuses to let them come to my house since he left. and will not let them come until he returns. we have alternating weeks visitation. I have full POA while my husbands out of country. police dept was unsure what to do. what can i do? does POA grant me power to take over his weeks?
2 Answers from Attorneys
No. A power of attorney is for handling property, not for taking care of children. You would have to have a court order.
I agree that a POA is not useful or relevant in this situation. I disagree, however, that you need a court order to specify that a step-parent can have the custodial time when the bio parent is away. In my opinion bio-mom is in contempt of court. Unfortunately that requires your husband to file a contempt proceeding, which of course he cannot do until he returns, by which time the question is moot. When he returns, he needs to file a proceeding to get a clear order that you and he share his custodial time and the bio-mom is not allowed to interfere with your relationship with your step children.
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