confused

[confusedgodmom]

What is the name of your state (only U.S. law)? illinois
if a mother gives power of attorney of a child up. is that giving up all right and does the biological father have any rights?

 

[Proserpina]

What is the name of your state (only U.S. law)? illinois
if a mother gives power of attorney of a child up. is that giving up all right and does the biological father have any rights?

Not even close.

Mom can give someone else POA, but if there is a legal father he'll need to be notified as a rule. If there is no legal father, biological father can petition at any time for custody of the child.

Giving someone POA does not mean Mom has given up her rights.

 

[TheGeekess]

What is the name of your state (only U.S. law)? illinois
if a mother gives power of attorney of a child up. is that giving up all right and does the biological father have any rights?

Please keep all of your questions in the same post.

https://forum.freeadvice.com/child-custody-visitation-37/questions-about-my-god-child-580960.html#post3066229

 

[confusedgodmom]

Not even close.

Mom can give someone else POA, but if there is a legal father he'll need to be notified as a rule. If there is no legal father, biological father can petition at any time for custody of the child.

Giving someone POA does not mean Mom has given up her rights.

that is what i though. my sister gave poa to her step mom of her daughter in ohio and now my sister is living with me and the legal father is trying to get the dna test the the person in ohio wont take the kid to do it also i found this but i am not quite sure what it means can anyone plz help me understand



Granting someone power of attorney to care for your child gives that individual many rights and responsibilities, but it does not transfer legal custody. A POA allows your agent, the person you’ve entrusted with the care of your child, the ability to make custodial decisions while your child lives with her. Custody itself can only be transferred through a court proceeding.
Circumstances

A child care power of attorney is appropriate if you’re going to be unavailable to care for your child for an extended period of time. This might occur if you’re traveling, deployed, entering a rehab facility, facing incarceration, or if you're simply involved in a bad circumstance that won't allow you to act as a parent for a while. Some states, such as Michigan, will allow you to give a power of attorney to someone else to establish residency in a particular school district, but only if your agent is a relative. Other states, such as Ohio, forbid POAs for this purpose.


it says it forbid poas in ohio so is the poa no longer valid?

 

[Proserpina]

that is what i though. my sister gave poa to her step mom of her daughter in ohio and now my sister is living with me and the legal father is trying to get the dna test the the person in ohio wont take the kid to do it also i found this but i am not quite sure what it means can anyone plz help me understand



Granting someone power of attorney to care for your child gives that individual many rights and responsibilities, but it does not transfer legal custody. A POA allows your agent, the person you’ve entrusted with the care of your child, the ability to make custodial decisions while your child lives with her. Custody itself can only be transferred through a court proceeding.
Circumstances

A child care power of attorney is appropriate if you’re going to be unavailable to care for your child for an extended period of time. This might occur if you’re traveling, deployed, entering a rehab facility, facing incarceration, or if you're simply involved in a bad circumstance that won't allow you to act as a parent for a while. Some states, such as Michigan, will allow you to give a power of attorney to someone else to establish residency in a particular school district, but only if your agent is a relative. Other states, such as Ohio, forbid POAs for this purpose.


it says it forbid poas in ohio so is the poa no longer valid?

No it doesn't.

Read it again. It says that the POA cannot be used to establish residency in a particular school district.

 

[confusedgodmom]

No it doesn't.

Read it again. It says that the POA cannot be used to establish residency in a particular school district.

ok can the mother revoke the poa?

 

[Proserpina]

ok can the mother revoke the poa?

Yeap.

Quick question though. Mom is still not ready for custody, correct? She's basically wanting to revoke the POA and redo another one for you?

How long ago did this happen?

 

[armstrong1988]

Not really, I think the father still has a right to know what's going on.

 

[confusedgodmom]

Yeap.

Quick question though. Mom is still not ready for custody, correct? She's basically wanting to revoke the POA and redo another one for you?

How long ago did this happen?

no the mother is not doing a poa for me she is giving me full custody and the poa that she made was about 8 months ago.

 

[Proserpina]

no the mother is not doing a poa for me she is giving me full custody and the poa that she made was about 8 months ago.

Is Mom prepared for the other party to file for a third party custody case?

Can she/you afford to fight it?

This is sadly what happens when people play fast and loose with their kids; the child has been settled for 8 months now, and Mom's wanting to rip her up again and place her with ANOTHER non-parent in a different state.

How is that good for this poor child?

And is Dad agreeing to you (or anyone for that matter) having custody?

 

[Ohiogal]

that is what i though. my sister gave poa to her step mom of her daughter in ohio and now my sister is living with me and the legal father is trying to get the dna test the the person in ohio wont take the kid to do it also i found this but i am not quite sure what it means can anyone plz help me understand



Granting someone power of attorney to care for your child gives that individual many rights and responsibilities, but it does not transfer legal custody. A POA allows your agent, the person you’ve entrusted with the care of your child, the ability to make custodial decisions while your child lives with her. Custody itself can only be transferred through a court proceeding.
Circumstances

A child care power of attorney is appropriate if you’re going to be unavailable to care for your child for an extended period of time. This might occur if you’re traveling, deployed, entering a rehab facility, facing incarceration, or if you're simply involved in a bad circumstance that won't allow you to act as a parent for a while. Some states, such as Michigan, will allow you to give a power of attorney to someone else to establish residency in a particular school district, but only if your agent is a relative. Other states, such as Ohio, forbid POAs for this purpose.it says it forbid poas in ohio so is the poa no longer valid?

Bull. The bolded is completely incorrect. What type of POA was signed? Was it filed with the juvenile court in Ohio as required? How long has the child resided in Ohio?

 

[Ohiogal]

no the mother is not doing a poa for me she is giving me full custody and the poa that she made was about 8 months ago.

She can NOT give you full custody. Only a court can do that and putative father WILL have to be served. Oh and by the way -- the child has lived in Ohio for 8 months?

 

[nextwife]

that is what i though. my sister gave poa to her step mom of her daughter in ohio and now my sister is living with me and the legal father is trying to get the dna test the the person in ohio wont take the kid to do it

Has the presumed father filed for paternity establishment? The person the child lives with is refusing paternity establishment?

 

[confusedgodmom]

Has the presumed father filed for paternity establishment? The person the child lives with is refusing paternity establishment?

yes the lady the child lives with refuses to take the child to get the dna test. it has been requested 4 times now

 

[confusedgodmom]

She can NOT give you full custody. Only a court can do that and putative father WILL have to be served. Oh and by the way -- the child has lived in Ohio for 8 months?

the child was living there with her mom and then her moms parents threw her out and she had no where to go so she signed a poa for her parents. now my sister has a place to live at and everything and has signed a revoke paper for a poa the parents are refusing to give the child back.