Q: i have poa of a 12 yr old. i did not give birth to him. his grandmother is now petitioning for custody. she hasnt even
asked abt him in 6 years. he is in florida with me and now i have to send him to his mother in texas. so they can go to court over the custody. the grandmother also allowed illegal activity in her household for yrs without stopping it and the grandfathers rights were terminated. but now he is dead. what can i do on my end. this child is special needs.
A:
First, it is not clear what you mean that you have a power of attorney "of a 12 year old". I assume that you mean you have a POA from one of the child's relatives you mention, allowing you to raise the child. Also, what makes you think you "have to" send him to his mother in Texas? And why is doing so necessary so "they can go to court over custody". You should be aware that, assuming that he has been in Florida with you for at least six months, you can make a good argument that under the Uniform Child Custody Jurisdiction and Enforcement Act (the law in both Florida and Texas), the Florida Courts have exclusive jurisdiction to determine custody. If you send him to Texas you will be giving up that advantage.
So, in answer to your question, you should consider suing in Florida for custody.
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