Do I need a POA & Who has custody?

[allwipedout]

What is the name of your state (only U.S. law)? Florida

My husband's son as recently moved in with us and my husband works quite a bit. From what I have read on this forum, I need my husband to make me a POA so that I can sign field trip slips, go to doctors visits, etc for my step-son? If so, is there a specific type of POA that I need to be assigned to be? Is this something that would need to be done by an attorney?

Also, there was never a formal custody order regarding my step-son. There was a paternity hearing and then a child support order for my husband to pay, but that was it, there are no papers stating who has custody or any setup for visitations. If he is now living with us, does that mean that my husband now has custody of him, or does the Mother still have custody?

 

[Proserpina]

What is the name of your state (only U.S. law)? Florida

My husband's son as recently moved in with us and my husband works quite a bit. From what I have read on this forum, I need my husband to make me a POA so that I can sign field trip slips, go to doctors visits, etc for my step-son? If so, is there a specific type of POA that I need to be assigned to be? Is this something that would need to be done by an attorney?

Also, there was never a formal custody order regarding my step-son. There was a paternity hearing and then a child support order for my husband to pay, but that was it, there are no papers stating who has custody or any setup for visitations. If he is now living with us, does that mean that my husband now has custody of him, or does the Mother still have custody?

If they weren't married Mom still has custody by default - Dad seriously needs to file for custody and to decide visitation and child support. Doing so protects him, Mom and kiddo. It's never a bad thing to do it all legally.

This will help you with the POA : Consumer Pamphlet: Florida Powers of Attorney - LINK

 

[allwipedout]

Thank you Dogmatique, that link was exactly what I needed.

As for the custody of my step-son, we have recently lost contact with his Mother, so my husband wants to wait until we hear from her again because he wants to work out a custody agreement with her. They have made a verbal agreement that he should stay with my husband until he is 18, but nothing beyond that has been talked about yet. At this moment I think he feels like he will be going behind her back if he files for custody without speaking with her about it, and since they have had a fairly good relationship for some time now, he does not want to ruin it.

 

[janM]

As for the custody of my step-son, we have recently lost contact with his Mother, so my husband wants to wait until we hear from her again because he wants to work out a custody agreement with her. They have made a verbal agreement that he should stay with my husband until he is 18, but nothing beyond that has been talked about yet. At this moment I think he feels like he will be going behind her back if he files for custody without speaking with her about it, and since they have had a fairly good relationship for some time now, he does not want to ruin it.

How is he enrolling him in school? A lot of them require custody papers to do that. Ditto for doctors, daycare, etc. They have a good relationship, but she has disappeared? He really needs to file for custody on the grounds that his son is living with him and mom is MIA. Not sure if there is a set time frame for that...how long has it been that he can't contact her?

Fact is, Mom could show up at your house tomorrow and take her son. That would sorta ruin things. Dad can play the waiting game if he wants, but if it were me I'd get court orders asap. Is he still paying CS? Until that's changed, he needs to still be paying it or he could be in trouble.

 

[txmom512]

Just a note on verbal agreements - something I've heard more than one judge say --

A verbal agreement is worth the paper it's written on (meaning nothing).

 

[allwipedout]

How is he enrolling him in school? A lot of them require custody papers to do that. Ditto for doctors, daycare, etc. They have a good relationship, but she has disappeared? He really needs to file for custody on the grounds that his son is living with him and mom is MIA. Not sure if there is a set time frame for that...how long has it been that he can't contact her?

Fact is, Mom could show up at your house tomorrow and take her son. That would sorta ruin things. Dad can play the waiting game if he wants, but if it were me I'd get court orders asap. Is he still paying CS? Until that's changed, he needs to still be paying it or he could be in trouble.

As of this Sunday, it will be 2 weeks since my husband last spoke with the Mother. It is a long story, but the Mother had moved in with us so that she could try to find a job (there was very few jobs where she previously lived) and to get the kids away from her parents. She enrolled him in school while she was here as well as took him to the doctor so he could get a checkup.

( Some of the Mother's story is here )

Yes, the Mother could show up to take their son away, but it seems a very small chance since the Mother wanted him to come live with us for a number of reasons. When she left she had planned to come back as soon as possible to continue her job search and find a home for her and her daughter, while their son lived with us.

And another yes to my husband still paying child support. He knows that he would get in trouble if he does not, so he will continue to do so until he gets custody (or if) of his son.

With all of that, can my husband still grant me POA without a custody order between the Mother and Father?

 

[Isis1]

As of this Sunday, it will be 2 weeks since my husband last spoke with the Mother. It is a long story, but the Mother had moved in with us so that she could try to find a job (there was very few jobs where she previously lived) and to get the kids away from her parents. She enrolled him in school while she was here as well as took him to the doctor so he could get a checkup.

( Some of the Mother's story is here )

Yes, the Mother could show up to take their son away, but it seems a very small chance since the Mother wanted him to come live with us for a number of reasons. When she left she had planned to come back as soon as possible to continue her job search and find a home for her and her daughter, while their son lived with us.

And another yes to my husband still paying child support. He knows that he would get in trouble if he does not, so he will continue to do so until he gets custody (or if) of his son.

With all of that, can my husband still grant me POA without a custody order between the Mother and Father?

dad really needs to file for custody. he won't be able to stop the child support until he has an order of custody. it has to be legally documented. and yes, i get it, he doesn't want to rock the boat. but for his son's stability, he needs to get it in court orders.