Austin, TX asked in Child Custody and Family Law for Virginia

Q: What can i do? Can i go get my daughters will it bring in legal trouble?

I have full legal custody of my two daughters. I moved on to Texas and signed a six-month long power of attorney over to my sister who lives in Virginia Beach so my girls can finish school. My sister is now telling me I am not allowed to get my daughters that she is going to keep them. Shes threatened me saying I will be arrested if I go get them. She even called CPS. The power of attorney paper I signed says she has all the power until six months is up or until I sign a revoked power of attorney papers. Can she do that to me? Can I get my girls back by just signing a revoked power of attorney forms?

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2 Lawyer Answers
Michael Christopher Miller
Michael Christopher Miller
Answered
  • Divorce Lawyer
  • Vienna, VA
  • Licensed in Virginia

A: Then, revoke her power. Now she has no power of attorney.

1 user found this answer helpful

James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Divorce Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: Certain powers are non-delegable - they cannot be given to someone else because of the personal nature of the power. You cannot effectively give parenting power by a power of attorney to someone. I am surprised anyone accepted your sister's power of attorney for you. Even parents, with recognized constitutional rights to parent, cannot ultimately determine rights and responsibilities concerning their children by contract. In the event of any dispute, a court can decide what is in the best interests of a child, regardless of a contract or a power of attorney.

In Virginia, any parent subject to an existing custody order must give 30 days advance written notice to the opposing party and the court. Typically, a parent would be required to file a motion to modify custody and visitation to allow relocation because the other parent or party's rights would be affected by relocation.

1 user found this answer helpful

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