General Power of Attorney

[randolph76]

randolph (love you sig line!)

I just received an attachment of the POA. It doesn't state anything about children or parenting and it's not even signed.

As for the emails, I have told her to use only an account with her name and copy whoever she wants to. I just received another email concerning the POA being faxed and the last line is directed at my EX stating that, "See, I was right. She has no intention of letting me see *son*!" Not once has she asked me about seeing our son, not once! This has all been about the stupid debit card!

Anyway, I'm done. Thank you all, again. I have learned a lot here.

It's a general POA so it's not going to say anything specific usually. The fact that it's not signed means it's not in effect, otherwise anyone could type it up and do all kinds of damage. Perhaps she just faxed the wrong one?

The best way to get rid of a drama queen is to starve her of the attention she craves. Good luck!

 

[LdiJ]

They don't transfer but per law he is entitled to make up time:



So the last month of time he misses he can make up when he gets back.

OG, both of the laws you quoted have to do with National Guard or Reservists parents who miss weekends or a week or two of summer parenting time due to National Guard and Reserve activities. The have nothing to do with visitation when parents are deployed on active duty.

Therefore no, dad isn't going to get to make up all of the time that he missed while deployed...or even the last month worth of time that he missed while deployed.

 

[Ohiogal]

OG, both of the laws you quoted have to do with National Guard or Reservists parents who miss weekends or a week or two of summer parenting time due to National Guard and Reserve activities. The have nothing to do with visitation when parents are deployed on active duty.

Therefore no, dad isn't going to get to make up all of the time that he missed while deployed...or even the last month worth of time that he missed while deployed.

If he is away on ORDERS as a National Guard or Reserve member (even if activated) the law says he is allowed makeup time. The STATUTE states that. Do you have caselaw stating it is ONLY for weekend duty? Or that it does not deal with those that are DEPLOYED as a member of one of those?

 

[GinAA]

They don't transfer but per law he is entitled to make up time:



So the last month of time he misses he can make up when he gets back.

Thank you, OG.

We had already discussed the make up time. Since receiving his orders (about 6 months ago) he has had every weekend and any extended time off from school. He will have stateside leave at least once and will have our son for that time as well. He should be returning in summer next year so he will have the entire summer, as long as our son doesn't make other commitments and they have discussed that as well. In addition, once our son graduates, he is planning on moving to his father's town.

I notice that no where did it state the visitation could be used by family. Good to know.

 

[LdiJ]

If he is away on ORDERS as a National Guard or Reserve member (even if activated) the law says he is allowed makeup time. The STATUTE states that. Do you have caselaw stating it is ONLY for weekend duty? Or that it does not deal with those that are DEPLOYED as a member of one of those?

You don't get "deployed" as a member of the National Guard or as a Reservist. You get called to active duty, and then get deployed.

It isn't even logical that the statute applies to active duty. However, if you are going to insist that it applies to active duty, then it only applies to National Guard members and reservists, and there is nothing in this thread to indicate that the dad started out as a National Guard member or Reservist.

I know the intent of that particular statute as its used in IN heavily. Its very well known.

 

[mistoffolees]

You don't get "deployed" as a member of the National Guard or as a Reservist. You get called to active duty, and then get deployed.

It isn't even logical that the statute applies to active duty. However, if you are going to insist that it applies to active duty, then it only applies to National Guard members and reservists, and there is nothing in this thread to indicate that the dad started out as a National Guard member or Reservist.

We have National Guard and reservists get deployed all the time.

At least that's the common usage - even if they are technically called to active duty first.

 

[LdiJ]

We have National Guard and reservists get deployed all the time.

At least that's the common usage - even if they are technically called to active duty first.

Isn't that what I said?...that they are called to active duty first? Where did I state that National Guard and Reservists would not get called to active duty and then get deployed?

The issue was whether or not active duty service members were entitled to makeup time for the time that they are deployed, under the Indiana statutes, and they are NOT.

 

[Ohiogal]

Isn't that what I said?...that they are called to active duty first? Where did I state that National Guard and Reservists would not get called to active duty and then get deployed?

The issue was whether or not active duty service members were entitled to makeup time for the time that they are deployed, under the Indiana statutes, and they are NOT.

Case law to back that up? Anything to back it up? Your daughter's boyfriend/exboyfriend/baby daddy is not a national guard or reservist. Neither was your ex, right? So what do you have to back it up? Oh yeah, you NEVER back it up except with the fact that you KNOW it. Either because EVERYONE you ever met has been through it or because that is JUST the way it is. Sorry but no. I tend to go by caselaw and statute.

 

[GinAA]

It's a general POA so it's not going to say anything specific usually. The fact that it's not signed means it's not in effect, otherwise anyone could type it up and do all kinds of damage. Perhaps she just faxed the wrong one?

The best way to get rid of a drama queen is to starve her of the attention she craves. Good luck!

Received the 2nd page with signatures.

I tried to starve her, now she is sending emails to my lawyer, but copies me on them. She is really starting to look very stupid at this point. I know she is trying to get me to react but I really don't care what she thinks of me and what she thinks are her rights. I'm sure she is sitting at her computer hitting REFRESH over and over hoping I will reply so she has something to do. I would suggest she get a job but why beat a dead horse.

 

[LdiJ]

Case law to back that up? Anything to back it up? Your daughter's boyfriend/exboyfriend/baby daddy is not a national guard or reservist. Neither was your ex, right? So what do you have to back it up? Oh yeah, you NEVER back it up except with the fact that you KNOW it. Either because EVERYONE you ever met has been through it or because that is JUST the way it is. Sorry but no. I tend to go by caselaw and statute.

Ok, if that's the case then please explain how statutes regarding National Guard members and reservists have anything to do with the dad in this thread?

I really don't mean to be argumentative but you have taken a law that Indiana residents are quite familiar with that:

1) In plain language applies to only National Guard members and reservists, and
2) Makes no mention of active duty deployment at all.

and you insist that said law applies to all people serving on active duty deployment even if they didn't start out as National Guard Members or reservists.

Then, when someone points out to you that the law does not apply to the case at hand, you become snippy and demand case law to prove it doesn't apply. Well heck, of course there is going to be no case law, because no case would ever get to the higher courts because its OBVIOUS that it doesn't apply.

Now, you are free to write another snippy post in response, but I am done with this thread.

 

[Ohiogal]

Ok, if that's the case then please explain how statutes regarding National Guard members and reservists have anything to do with the dad in this thread?

I really don't mean to be argumentative but you have taken a law that Indiana residents are quite familiar with that:

1) In plain language applies to only National Guard members and reservists, and
2) Makes no mention of active duty deployment at all.

and you insist that said law applies to all people serving on active duty deployment even if they didn't start out as National Guard Members or reservists.

Then, when someone points out to you that the law does not apply to the case at hand, you become snippy and demand case law to prove it doesn't apply. Well heck, of course there is going to be no case law, because no case would ever get to the higher courts because its OBVIOUS that it doesn't apply.

Now, you are free to write another snippy post in response, but I am done with this thread.

No it is not obvious. I just expect you to back up ANYTHING you post. And you never do. YOU never seem to back up any word you ever say.

 

[randolph76]

Received the 2nd page with signatures.

I tried to starve her, now she is sending emails to my lawyer, but copies me on them. She is really starting to look very stupid at this point. I know she is trying to get me to react but I really don't care what she thinks of me and what she thinks are her rights. I'm sure she is sitting at her computer hitting REFRESH over and over hoping I will reply so she has something to do. I would suggest she get a job but why beat a dead horse.

Overstepping stepparents have been known to affect custody proceedings. This could very well backfire on her and she's been documenting her overreach well.

 

[GinAA]

Email from EX

I received an email from my EX stating that my lawyer has talked with his wife and will call and explaine where I am wrong about the scope of the POA. My lawyer is in court all day today so I'm not sure who his wife spoke with. He also stated that if I do not copy his wife on all emails I will be in violation of the POA and face charges.

No where on the POA does it state this and at no time have I been ordered by a judge to copy his wife on my emails to him. No wonder his wife won't stop this, he is encouraging her to continue. It's like some game they want to win. I have not responded to any emails today but they just keep sending them, to everyone now.

When would this become harrassment?

 

[LdiJ]

I received an email from my EX stating that my lawyer has talked with his wife and will call and explaine where I am wrong about the scope of the POA. My lawyer is in court all day today so I'm not sure who his wife spoke with. He also stated that if I do not copy his wife on all emails I will be in violation of the POA and face charges.

No where on the POA does it state this and at no time have I been ordered by a judge to copy his wife on my emails to him. No wonder his wife won't stop this, he is encouraging her to continue. It's like some game they want to win. I have not responded to any emails today but they just keep sending them, to everyone now.

When would this become harrassment?

I sincerely doubt that your attorney said any such thing to his wife, particularly since your attorney has been in court all day. I doubt that your attorney has spoken to his wife at all.

You cannot be in violation of the POA that he gave to her. You are not a party to that POA. Nor can you be charged with anything either.

Completely ignore any further emails from either of them until you can speak to your attorney.

 

[GinAA]

I sincerely doubt that your attorney said any such thing to his wife, particularly since your attorney has been in court all day. I doubt that your attorney has spoken to his wife at all.

You cannot be in violation of the POA that he gave to her. You are not a party to that POA. Nor can you be charged with anything either.

Completely ignore any further emails from either of them until you can speak to your attorney.

I am done with it for now and just file any emails I receive. I don't even bother reading them. Now on to more important things like playing with my little girls.