Q: If the mother of my child signs a poa for my daughter can they leave state with out my permission?
She had filed a complaint of custody and I filed one back against hers and this was before she signed a poa. She also signed a poa cuz she is incarcerated
A: If there is a custody order in place or a custody case pending, then a parent generally needs to get court permission to move the child out of state. If there is a custody case pending and one parent wants to ask the Court to prevent an imminent move out of a state, a party can ask for an order specifically preventing such while the case is pending. If a custody case is pending and one parent is incarcerated, it may make sense for the non-incarcerated parent to ask for a temporary custody order now to grant them custody of the child, at least while the other parent is incarcerated. No POA is going to trump a court order granting the other parent custody.
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