Legal Question in Family Law in Texas

Power of Attorney for Guardianship of Child and property
I am in the military, and am currently deployed to a foreign location. My son has been left in the care of his biological father by a Power of Attorney I signed giving him legal guardianship of my child. The father has proven to be incapable and is refusing his obligation to keep me informed of my sons status. Can I revoke the Power of Attorney and give possesion of my son to my parents while I am deployed? Can I use the local law enforcement to ensure safe transition of my toddler between the two parties?

Asked on 2/28/08, 2:29 am

Fran Brochstein Attorney & Mediator

0 users found helpful

0 attorneys agreed

Re: Power of Attorney for Guardianship of Child and property

No. A parent has a superior right of possession of a child over everyone but the other parent.

In order for your parents to get legal custody in court, they would have to prove him unfit -- which is a huge burden.

If the child is in danger, then someone needs to contact CPS.

Law enforcement usually won't get involved in this sort of thing.

Sorry!

Answered on 2/28/08, 3:05 am

Keywords

Match Any Match All

Country

State

Area of Law