Fort Huachuca, AZ asked in Child Custody, Family Law and Military Law for Alabama

Q: Will a POA Delegation of Power from biological mother or a child granting guardianship to someone else transfer custody

transfer custody from the biological mother to the other named adult in said document. Will the named adult that guardianship is being granted to be able to claim child as a dependent for health care purposes.

1 Lawyer Answer
Mr. James Parrish Coleman
Mr. James Parrish Coleman
  • Divorce Lawyer
  • Robertsdale, AL

A: Don't confuse child custody with a temporary guardianship. You can't transfer custody of a child from a parent to someone else without a divorce or child custody case. You can go to the Probate Court and establish guardianship wherein a parent gives another person the ability to care for a child while the parent is unable to. You can't draft a power of attorney -- or any other document which I suppose you got off the internet -- which will grant legal custody from a parent to some other person. It takes a Court to do that.

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