Power of attorney in family court?

[JoeNColesMomma]

What is the name of your state? Indiana

Can my ex’s current wife sit in our court proceedings now that she filed a “power of attorney” of my ex. (Is is 100% of sound mind, able and capable physically, mentally and otherwise) can she sit in his place and represent him as his “lawyer” or as “himself” because she has power of attorney over him.

 

[Taxing Matters]

Going to need to give us the facts of what is going on and exactly what your question is. You can edit your original post to add that in or you may add a reply to this thread to provide that info.

 

[JoeNColesMomma]

We have been going through a “custody battle” if you will since 2016. A final order stating we share legal custody, but I have sole physical custody. Dad resides in Kentucky. They continue to file motions every few months trying different approaches each time to prove I am an abusive parent/narcissist/alienator ETC. (please note traveling 1 way to meet at halfway point is 80 miles- so full weekend visit travel time for each parent is 320 miles. Dad has continued to exercise his parenting time since the final order came out; nor have I ever rejected him from seeing or talking with our shared son- remember dad moved out of state in which our son and myself reside in 2013 and I meet him halfway every other weekend for visits. Plus school breaks during his scheduled time) long story short- this last motion they filed “trying to get a modification to gain sole custody himself under false allegations of parental alienation pretense. I have a retained lawyer, he does not. However his current wife does enough research to believe she is in fact just as knowledgeable as a lawyer so she went a filed a power of attorney over my of sound mind ex. She believes that having a POA will in turn allow her to go to court in his place and represent him.

Is this correct?

 

[Just Blue]

What is the name of your state? Indiana

Can my ex’s current wife sit in our court proceedings now that she filed a “power of attorney” of my ex. (Is is 100% of sound mind, able and capable physically, mentally and otherwise)

Huh? Is she attempting to represent him in court?

 

[Just Blue]

We have been going through a “custody battle” if you will since 2016. A final order stating we share legal custody, but I have sole physical custody. Dad resides in Kentucky. They continue to file motions every few months trying different approaches each time to prove I am an abusive parent/narcissist/alienator ETC. (please note traveling 1 way to meet at halfway point is 80 miles- so full weekend visit travel time for each parent is 320 miles. Dad has continued to exercise his parenting time since the final order came out; nor have I ever rejected him from seeing or talking with our shared son- remember dad moved out of state in which our son and myself reside in 2013 and I meet him halfway every other weekend for visits. Plus school breaks during his scheduled time) long story short- this last motion they filed “trying to get a modification to gain sole custody himself under false allegations of parental alienation pretense. I have a retained lawyer, he does not. However his current wife does enough research to believe she is in fact just as knowledgeable as a lawyer so she went a filed a power of attorney over my of sound mind ex. She believes that having a POA will in turn allow her to go to court in his place and represent him.

Is this correct?

BRAHAHAHAHAHA!!!!!!!!!!!!!!!!!!!! No. It is not correct. It's called practicing law without a license and is a crime. A felony, I think, in your state. Let her show up in court and point out to the Judge that wifey isn't an attorney.

 

[JoeNColesMomma]

Huh? Is she attempting to represent him in court?

Yes! Correct! She obtained POA over him, so at our last pretrial conference she came (alone without my ex) and sat down in his place as the respondent thinking she was going to represent him. She does now have a lAw degree, has not taken a bar exam, or have a license As an attorney. Clerk said she cannot do that pretty much.

However after the pretrial conference she went to the clerk office and filed a power of attorney over him to our custody case. Not sure what that means but..... that’s kind of what I’m wondering. We have court hearing in November and I’m wondering if me and my lawyer are going to have to “fight” with her instead of my ex.

 

[Just Blue]

Yes! Correct! She obtained POA over him, so at our last pretrial conference she came (alone without my ex) and sat down in his place as the respondent thinking she was going to represent him. She does now have a lAw degree, has not taken a bar exam, or have a license As an attorney. Clerk said she cannot do that pretty much.

However after the pretrial conference she went to the clerk office and filed a power of attorney over him to our custody case. Not sure what that means but..... that’s kind of what I’m wondering. We have court hearing in November and I’m wondering if me and my lawyer are going to have to “fight” with her instead of my ex.

You should ask you attorney about this. But I'm sure he can object to her playing attorney.

 

[JoeNColesMomma]

BRAHAHAHAHAHA!!!!!!!!!!!!!!!!!!!! No. It is not correct. It's called practicing law without a license and is a crime. A felony, I think, in your state. Let her show up in court and point out to the Judge that wifey isn't an attorney.

She did!!! She sat right in his chair like she was my ex. Had a HUGE stack of papers in hand ready to “do this” even though it was only a pretrial conference. I almost laughed out loud in the courtroom but I was able to contain myself as I was a little irritated.

Pretty much she just hates me very much for no real reason, and my ex is very easy going and doesn’t know big words like she uses so she wants to do the talking in court instead of him.

 

[Just Blue]

Yes! Correct! She obtained POA over him, so at our last pretrial conference she came (alone without my ex) and sat down in his place as the respondent thinking she was going to represent him. She does now have a lAw degree, has not taken a bar exam, or have a license As an attorney. Clerk said she cannot do that pretty much.

However after the pretrial conference she went to the clerk office and filed a power of attorney over him to our custody case. Not sure what that means but..... that’s kind of what I’m wondering. We have court hearing in November and I’m wondering if me and my lawyer are going to have to “fight” with her instead of my ex.

Please....Promise you will post back here in Nov and let me know how this turned out?

 

[JoeNColesMomma]

You should ask you attorney about this. But I'm sure he can object to her playing attorney.

Well my attorney laughed when I told her what she did. But she never gave me an answer as to whether, now that she filed a POA under the case, or not she could do this. But I’m pretty sure it’s not possible.

 

[JoeNColesMomma]

Please....Promise you will post back here in Nov and let me know how this turned out?

I promise!! I’ll keep you posted lol

 

[JoeNColesMomma]

Going to need to give us the facts of what is going on and exactly what your question is. You can edit your original post to add that in or you may add a reply to this thread to provide that info.

Sorry! I fixed it

 

[not2cleverRed]

She believes that having a POA will in turn allow her to go to court in his place and represent him.

Is this correct?

Although the word "attorney" appears in "Power of Attorney", it does not mean that she can practice law!

If that were the case, a lot of people could spare time and money - forget law school and passing the bar, just get someone to sign a POA.

I'd say keep cool. Try not to giggle too hard. Paperwork is one thing, opening her mouth another, and the types of unsubstantiated allegations she's trying to fling... Please keep us posted. We'll be waiting with popcorn.

 

[JoeNColesMomma]

Although the word "attorney" appears in "Power of Attorney", it does not mean that she can practice law!

If that were the case, a lot of people could spare time and money - forget law school and passing the bar, just get someone to sign a POA.

I'd say keep cool. Try not to giggle too hard. Paperwork is one thing, opening her mouth another, and the types of unsubstantiated allegations she's trying to fling... Please keep us posted. We'll be waiting with popcorn.

Thank you! Oh I could really entertain you guys with some of the silly things she posts in these motions. But I just don’t have the time or muscles in my fingers. Let’s just say most of the motions she filed are at LEAST 10 pages long (because like I mentioned my ex is laid back and doesn’t know anything about this stuff so she wants to say everything she wants to be said in court in the motions for judge to read)

After the final order was set in place in 2017 they filed an appeal to the court of appeals and I promise you it was 126 pages long. All typed out. I did read it all if you’re wonder over a few days span with my popcorn giggling away in the comfort of my own home.

Appeals was denied (I’m a good mother and I am excellent co parent with my ex before she came into the picture) now I travel 80 miles 1 way to meet every other weekend and she’s the only one that will conduct the exchanges. She will sometimes bring my ex along with her, and drop him off down the street at a gas station- come meet me- and go back and pick him up. All cause she don’t want us to see each other I guess? (We split in 2013, and I’ve been happily married to my husband now for over 5 years)

 

[JoeNColesMomma]

Thank you! Oh I could really entertain you guys with some of the silly things she posts in these motions. But I just don’t have the time or muscles in my fingers. Let’s just say most of the motions she filed are at LEAST 10 pages long (because like I mentioned my ex is laid back and doesn’t know anything about this stuff so she wants to say everything she wants to be said in court in the motions for judge to read)

After the final order was set in place in 2017 they filed an appeal to the court of appeals and I promise you it was 126 pages long. All typed out. I did read it all if you’re wonder over a few days span with my popcorn giggling away in the comfort of my own home.

Appeals was denied (I’m a good mother and I am excellent co parent with my ex before she came into the picture) now I travel 80 miles 1 way to meet every other weekend and she’s the only one that will conduct the exchanges. She will sometimes bring my ex along with her, and drop him off down the street at a gas station- come meet me- and go back and pick him up. All cause she don’t want us to see each other I guess? (We split in 2013, and I’ve been happily married to my husband now for over 5 years)

P.S. don’t get me wrong! I have made my fair share of mistakes and done or said things I regret back in the beginning of their relationship-2014. But since 2016 I’ve been cool calm and collected for the most part and try my best to do and say things in the best interested of our 11 year old son! He is my priority here. Not mine or their feelings or thoughts. Just wanted to make everyone aware I am not a perfect human being