Legal Question in Family Law in New York
Grandchildren and Power of Attorney
My daughter is an inmate at a state correctional facility, the paternal grandmother has the children and refuses to let my daughter, their mother have any contact with them. There has never been a law guardian appointed to this case, we have been to court on several occassions but to no avail, since this grandmother has some type of personal relationship with one of the judge's involved in this case.Would giving me power of attorney over the children override the custody order? This case has been mishandled from the beginning.
Sincerely,
--name removed---name removed--
3 Answers from Attorneys
Re: Grandchildren and Power of Attorney
Suggest you file a petition in the Family Court for custody of the childen; your daughter can also file for visitiation.
The grandchildren cannot give you a power of attorney, since they are minors.
Re: Grandchildren and Power of Attorney
A power of attorney will not invalidate a court order of custody. However both you and your daughter can petition the court for both custody and/or visitation .
Re: Grandchildren and Power of Attorney
Did your daughter give either written or verbal consent to the paternal grandmother to take the children? If so, what were the terms? Where were the court proceedings? Please telephone the office at (212) 618-1830 to speak with an attorney.
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