Legal Question in Family Law in Virginia
POA Effectiveness
I'm active duty military currently divorced getting ready to PCS to a new duty assignment. Currently I have given POA of my children to a close friend. The courts state that my time with the children is during the school year and my ex gets visitation and summer vacations. If my ex gets a wild hair can she take the children from the person I designated to keep them for the time being??
1 Answer from Attorneys
Re: POA Effectiveness
Yes, she can. If you are unable to care for the children because of you new posting, the Court would look to the other parent, unless that parent has been proven to be an unfit person to have custody. Since your ex has summer visitation, she clearly is not considered unfit.
Another way of looking at it: put yourself in her shoes . . . why favor an unrelated party over a natural parent?
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