Arlington, TX asked in Family Law for Alaska

Q: Can the grandparent of minor child move out of state w/ child if the parent signed delegation of parental powers.

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1 Lawyer Answer
Stefan Otterson
Stefan Otterson
  • Anchorage, AK
  • Licensed in Alaska

A: Yes, a delegation (also called a power of attorney) that gives the grandparent all the necessary authority, (medical, education, and travel, etc) should be sufficient. Many forms used for such purposes don't specifically mention out-of-state travel, so you might want to add that, just to be safe. Be aware that the delegation is generally only good for one year, so you would need to get it renewed periodically. Also be aware that the delegation can be revoked at any time by the signing parent, and it leaves all rights of both parents intact. That means that either parent can show up on your doorstep and ask to have the child returned to his or her care. You would not be able to say no to such a request.

If everyone is on board, it's fine, but it's all voluntary, and if either parent changes their mind, the court order controls. If there's any question about the other parent's agreement to the arrangement. Also, the situation differs a bit if there is a custody order between the two parents, you may want to consult with a lawyer if you have any concerns.

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