I am getting a new job but I am in the middle of custody fight. I want to give my mother and step dad a power of attorney over my little gir...

Question

I am getting a new job but I am in the middle of custody fight. I want to give my mother and step dad a power of attorney over my little girl as I will be traveling a lot. Such as letting them have my visitations, regards to her medical, schools, out of state visits to other family members etc. How do I do that?

Answer

A parent's parental rights are superior to everyone else. If you cannot realistically have primary custody of your child then the father should have primary custody.

Your parents cannot step into your shoes to access your visits unless the dad agrees to it.

You might consider mediation to resolve this matter.

You truly need to talk in person to a family law attorney in your county about your options.

There is a legal form that you can sign to allow grandparents to take the child to a doctor but it's limited. Again, talk to a family law attorney in your area.

Answer

If you have an attorney, you need to be asking your attorney for this information.

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However, if you have no attorney, hypothetically:

If there are temporary orders already issued in the custody suit granting you custody (time) with the child, and if you have to go out of town, the law allows for you to leave the child with a competent adult (unless the order states otherwise) and the state of Texas allows for an Affidavit to be drafted and notarized that gives another person the right to care for a child while the parent is away (unless the order gives the other parent the first-right-of-refusal). If there are no orders issued, then, you may have to give the child to the other parent while you are gone, unless they do not want to take care of the child. But, I would need much more information from you before I could respond.

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Also, if neither of the child's parents are available to adequately care for the child, your mother may be able to hire a lawyer and intervene in your child custody suit and ask to be named the primary custodian, if she has substantial contact, or if she meets other requirements under the law. But again, I would need more information from you before I could advise you as to what could or could not be done here.

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Goldstein & Scopellite, PC has qualified custody attorneys, divorce lawyers and grand-parent custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.