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.

Related Topics:
1 Lawyer Answer

Stefan Otterson

PREMIUM
Answered
  • 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.

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.