Legal Question in Family Law in Texas
my husband who is in jail has given my inlaws his parents power of attorney over our two year old boy and i was not notified of it.they took him without my consent have had him since march 16th and do not want to return him to me.they live in new mexico and i was told that they filed a power of attorney with the help of an attorney from san antonio here in potter county and i have not found any record of this i was advised by an attorney to go get my son since the father is in jail and no record can be found.what do i do or what can i do?
1 Answer from Attorneys
Power of attorney is NOT conservatorship or guardianship. It's not a legal proceeding and he doesn't have to notify you. On the other hand, it does not give them any rights either. It just means that if they ask someone to act under the authority of the POA, your husband cannot sue the third party for acting under the authority of the POA.
The POA, by itself, does not mean that you can't go to NM and get your children and bring them home.
Before you take any dramatic action, though, I think you need to consult with a local family law attorney and show him or her any paperwork that you have. You don't want to end up on the wrong side of the law because you misinterpreted a document.
Also, you don't want the kids to stay in NM for very long. The longer they stay there, the more the grandparents would be able to sue for conservatorship and take the kids from you. If you don't want that to happen, you need to go get your kids. If you and your husband are still married and there are no other court orders out there, then you are still the kids' mother and have all the rights of a mother.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
