Q: Prior family friend who was close to my son demanding visitation. I denied due to her erratic behavior over last 4yr
When my son was 2, I signed a medical power of attorney so she was able to take him the the Dr. and ER when needed. She stated it was lost but now claims this gives her the right to have him. She also has a copy of his birth certificate so he could board a flight with her. I denied her access to my son in Feb of this year due to repeated false allegations made by her against me to mutual friends as well as her unwillingness to modify her behavior during play. She would hit, pinch, and was very physical with him to the point he would cry. When asked to stop, she stated he liked it and that's the way they played. We are no longer friends due to the allegations and I do not feel it is in his best interest to have her in his life. Can she use the medical power of attorney and birth certificate against me to force visitation?
A: No, POAs and a birth certificate do not automatically confer visitation rights. Visitation ("parenting time" in Colorado) is first reserved to the parents. Under special circumstances other parties (usually grandparents) may have visitation rights. Even then, these rights are not automatic and require specific facts to support a legitimate claim for visitation. The friend may have claim for visitation rights, but she would need to file for a custody determination or reach a private agreement with one or both of the parents (assuming both parents still have their parental rights). Until adjudication occurs or a court order is promulgated, a parent can restrict or prevent access to their child(ren).
A: Your friend does not have any right to contact with your child. Also, you can revoke the medical power of attorney and should probably do so.
A: No, she cannot. Based on what you are saying, she seems to have no legal rights to your son. You should email her asking her to leave you and your son alone. You should also indicate that if she does not you will be calling the police and that you consider her behavior to be harassment. The POA and her having a copy of the birth certificate are meaningless. You should also send her something in writing, or via email, indicating you are revoking the POA.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
