Q: How can a father in prison stop a mother from getting his child.
I am currently in prison on several drugs related charges. I have a 4 year old child who is currently living with a family friend via POA due to the mother of my child having a no contact order on our child. The mother is currently on Felony probation on child abuse charge and obstruction of the police. The no contact order was dropped becuase she is now on the probation. The mother of my child does not want to sign a new POA and has decided she wants to go get our daughter. Do I have any say on what happends with my child? What can I do to keep my child with her POA? The people who have the POA went to the court and were told they couldn't file for anything because a POA was in place and cps closed there case after she got probation
A: Your best course would be for whomever has custody of the child now to seek either third-party custody or a guardianship. The POA is a voluntary thing, and even with one in place, it would not prevent a parent from picking up the child whenever. Is there a CPS case pending? If so, all this would need to be addressed through that.
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