Can my kids father leave for basic training without my knowledge and not include me in his family plan?

[t74]

If the school staff is uncooperative, go to the superintendent's office.

 

[Zigner]

I'd take action at the school ASAP to get the information corrected so that your court-ordered visitation is not interfered with. Beyond that, the histrionics and attempt at an (uncalled for) emergency hearing are at best, premature.

 

[Zigner]

Personally, I would go to the mat on this ASAP. If you can get an emergency hearing, more power to you. Hopefully you can get a court order that you can present to the school to make sure the kids don't get released to the girlfriend.

That's where the lack of an actual emergency, and the SCRA requirements are going to come in to play.

 

[Just Blue]

@Ohiogal

 

[not2cleverRed]

In other words, it's been two days.

Yeah, that legal stranger has been quick with her fancy footwork.

While SCRA protects Dad, does it apply to the legal stranger that Dad left the children with? Mom might have not made a stink if the legal stranger was content to preserve the status quo. But the overstepping legal stranger wants to deny Mom of her parenting rights (school) and parenting time (visitation), and thereby have a new status quo established by the time Dad gets back.

The legal stranger's actions could result in a temporary change of physical custody, pending Dad's return.

 

[atms256]

I'd take action at the school ASAP to get the information corrected so that your court-ordered visitation is not interfered with. Beyond that, the histrionics and attempt at an (uncalled for) emergency hearing are at best, premature.

Yes going up to the school is mandatory , but I already filed for the emergency hearing so at this point its up to the Judge. But my question was can a power of attorney be made for someone else to keep my kids instead of their actual mother without my consent when there is a custody order already in place and she is not included?

 

[Zigner]

Yes going up to the school is mandatory , but I already filed for the emergency hearing so at this point its up to the Judge. But my question was can a power of attorney be made for someone else to keep my kids instead of their actual mother without my consent when there is a custody order already in place and she is not included?

Yes, the father can create a power of attorney to allow another party to act on his behalf. No, he doesn't have to notify you. Having said that, I'll also say that any such actions should not interfere with your court ordered rights. You are right to act on this rapidly, and I apologize if my posts came across as meaning anything else. I am only stating that this situation likely does not constitute an "emergency" in-so-far as the court is concerned. You have given no indication that the children are in any sort of danger that would require immediate action by the court.

The school is WAY out of line in preventing your access to your children. In fact, they are almost definitely violating federal law by doing so. As was stated before, work your way up the chain at the school and the district.

@Ohiogal is a family law attorney and guardian ad litem (albeit, not in your state). She is very knowledgeable about the law(s) that the school is likely breaking, and will also be able to comment in a general way on the rest of your matter.

 

[atms256]

Yes, the father can create a power of attorney to allow another party to act on his behalf. No, he doesn't have to notify you. Having said that, I'll also say that any such actions should not interfere with your court ordered rights. You are right to act on this rapidly, and I apologize if my posts came across as meaning anything else. I am only stating that this situation likely does not constitute an "emergency" in-so-far as the court is concerned. You have given no indication that the children are in any sort of danger that would require immediate action by the court.

The school is WAY out of line in preventing your access to your children. In fact, they are almost definitely violating federal law by doing so. As was stated before, work your way up the chain at the school and the district.

@Ohiogal is a family law attorney and guardian ad litem (albeit, not in your state). She is very knowledgeable about the law(s) that the school is likely breaking, and will also be able to comment in a general way on the rest of your matter.

Okay thank you so much!

 

[atms256]

Yes, the father can create a power of attorney to allow another party to act on his behalf. No, he doesn't have to notify you. Having said that, I'll also say that any such actions should not interfere with your court ordered rights. You are right to act on this rapidly, and I apologize if my posts came across as meaning anything else. I am only stating that this situation likely does not constitute an "emergency" in-so-far as the court is concerned. You have given no indication that the children are in any sort of danger that would require immediate action by the court.

The school is WAY out of line in preventing your access to your children. In fact, they are almost definitely violating federal law by doing so. As was stated before, work your way up the chain at the school and the district.

@Ohiogal is a family law attorney and guardian ad litem (albeit, not in your state). She is very knowledgeable about the law(s) that the school is likely breaking, and will also be able to comment in a general way on the rest of your matter.

And I dont know if they are being harmed or in danger because she has blocked all communication between me and my kids and that bothers me so much cause I talk to them everyday! I dont want them thinking that something is wrong with me or that I dont care. Their minds are young and they can be easily influenced. They moved I dont know where they even stay now.

 

[stealth2]

They moved I dont know where they even stay now.

At the very least, the court should be provided their current residence.

 

[not2cleverRed]

And I dont know if they are being harmed or in danger because she has blocked all communication between me and my kids and that bothers me so much cause I talk to them everyday! I dont want them thinking that something is wrong with me or that I dont care. Their minds are young and they can be easily influenced. They moved I dont know where they even stay now.

The overstepping legal stranger is insecure and wants to establish herself as the one and only true mama, as she is your ex's one and only true love. (*sarcasm*) She has no intention to harm or endanger your children. She is doing her best to keep them safe and healthy as that furthers her agenda.

Focus on your legal strengths: you are the legal parent, with joint legal custody, and court ordered parenting time that you would like to maintain, and parental rights - which includes you having the authority to pick them up at school.

Don't smear her name without proof. Don't let her smear your name without proof. Take the high ground, but be persistent.

 

[Zigner]

At the very least, the court should be provided their current residence.

I don't see any indication that the kids' residence has changed.

 

[atms256]

The overstepping legal stranger is insecure and wants to establish herself as the one and only true mama, as she is your ex's one and only true love. (*sarcasm*) She has no intention to harm or endanger your children. She is doing her best to keep them safe and healthy as that furthers her agenda.

Focus on your legal strengths: you are the legal parent, with joint legal custody, and court ordered parenting time that you would like to maintain, and parental rights - which includes you having the authority to pick them up at school.

Don't smear her name without proof. Don't let her smear your name without proof. Take the high ground, but be persistent.

Will do indeed thank you!

 

[LdiJ]

What's the emergency? What threat of immediate harm to the children is present?

Being without access to BOTH of their parents.

There are provisions in the SCRA that would directly affect any civil/family law matters, including postponement of any action for specified periods of time, etc.

Yes, but those do not apply to temporary orders.

 

[LdiJ]

I'd take action at the school ASAP to get the information corrected so that your court-ordered visitation is not interfered with. Beyond that, the histrionics and attempt at an (uncalled for) emergency hearing are at best, premature.

I do not agree with you and it seems like most of the others do not agree with you either.