Legal Question in Family Law in Missouri
My husband & i got full custody of my 16yr. old niece from my ex. brother in law. He was unable to care for her because he lost his job. Her mom (my sister) didnt want her at the time. But her parents are divorce and share 50% custody. When i recieved Full Custody on 7/29/2014 her father signed over Power of Attorney and it was signed and dated by a Notary Public. Today my sister wants to take my niece back and the father is unable to be reached. Can she do that? Is there anything that we can do?
3 Answers from Attorneys
It is a basic law of co NM t re act tge ine cannot pass on mire than they own. If your former brother in law had 50% custody, that is the most he could give to you. But, when it comes to kids, one divorced parent cannot alienate the interest of the other parent. Her could allow you to have visitation during his 50% custody periods. But, in trying to pass on his custody rights, he is essentially conceding his 50% to the mother.
So, unless you obtain an Order from the Court with jurisdiction, your sister probably within her rights to retrieve the child when the father conceded his interest.
Good luck
Hire an attorney!! Unless you don't care where the child winds up, you will have to obtain a Court Order. Good luck.
Meet immediately with an experienced family law attorney
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