Does power of attorney give visitation rights to that person? 18 Answers as of May 05, 2011

I have power of attorney for my ex right now and want to know if I legally have access to the boys as such. I need to know if this is true. He is in jail. His sister implies his visitation rights are now hers. Is this true? Thank you!

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your ex's sister cannot get custody or visitation rights to your children through your ex going to jail. Custody of children doesn't pass to the custodial parent's siblings. Your question is unclear, but implies to me that your ex had custody of your children, and your ex gave you a power of attorney. If your ex is in jail, you should be entitled to the custody of your children. If you were married to your ex, you can file an Order to Show Cause in the divorce case to modify custody to seek custody of your children. If your ex had a paternity judgment or order granting custody to him, you can file an Order to Show Cause in the Paternity case to modify custody to seek custody of your children.
Answer Applies to: California
Replied: 5/5/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
His sister is wrong. She has no rights. A POA gives her the power to make decisions with legal binding effect. It does not confer rights.
Answer Applies to: Texas
Replied: 5/5/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I think somebody needs a guardianship or temporary custody over the children. You and your ex could file a joint motion for temporary custody. I doubt that the power of attorney is going to be effective for visitation. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
No, this is untrue. You may not assign visitation rights to anyone by way of power of attorney. If your ex has children with another woman and he cannot exercise those rights, they will not be granted to you by way of power of attorney. If they are your children, his sister does not have any rights to custody or visitation unless you allow her to visit them.
Answer Applies to: California
Replied: 5/5/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
No the visitation rights does not transfer to either one of you. The power of attorney grants power to the agent to make transactions of his behalf.
Answer Applies to: Illinois
Replied: 5/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    I am not sure who has what here. But no one except the parents have access rights to the children. Hope this answers your question.
    Answer Applies to: Connecticut
    Replied: 5/5/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You don't provide enough information to offer a proper answer. The fact that you have a power of attorney (POA) from your ex suggests that there has been a prior court order giving him primary parenting authority and either limiting or prohibiting your parenting authority. If that is true, the POA is probably meaningless. If there has never been any judicial order affecting parenting responsibilities, the POA is somewhat meaningless and unnecessary because you have your own parental rights. However, if all your ex has are visitation rights, why do you have a POA from him and why does his sister believe his visitation rights are now hers? Generally, his sister has no rights against a parent and a parent cannot give his rights to a nonparent. You need do consult an attorney who can review any existing court orders and advise you accordingly.
    Answer Applies to: Colorado
    Replied: 5/5/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    No, you the mother and him the father have rights to custody and visiting with the children. His sister does not have those same rights. Call me if you want a lawyer to help.
    Answer Applies to: New Jersey
    Replied: 5/5/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Residential time that's ordered in a parenting plan, belong to that individual only. He can't give them to his sister or you. Good luck.
    Answer Applies to: Washington
    Replied: 5/4/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A Power of Attorney only bestows legal rights to assert claims and handle business matters on behalf of the maker. It does not transfer visitation rights granted by a court to a parent.
    Answer Applies to: Minnesota
    Replied: 5/4/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If I understand the facts correctly, it seems as if the father of your children went to jail, and the father's sister (i.e., the children's aunt) says she is entitled to visitation in place of the father (her brother). If so, the answer to your question is "no". visitation rights do not get automatically transferred to an inmate's sister because the brother went to jail. The notion is absurd. The sister/aunt has no visitation rights, unless she obtains a court order.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    The sister is incorrect and has no automatic visitation rights.You do not state your relation to the children, but you have no inherent right to visitation with the children just because you hold a Power of Attorney on behalf of their father.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The sister doesn't get visitation rights. You should obtain sole legal and physical custody (if your ex will be incarcerated for a significant period of time) and you get to decide who your children spend their time with. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/4/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Request visitation from the court.
    If you have questions, call me for a free consultation, 24/7.
    Answer Applies to: Massachusetts
    Replied: 5/4/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    What does your POA over your ex have to do with the boys? When was the POA executed? Is it re: health care, financial, or both? Is this your ex wife? If so, was the POA canceled out once you two got divorced? If you're a resident of Western Washington, feel free to call my office for a free, no obligation consultation regarding this matter.
    Answer Applies to: Washington
    Replied: 5/4/2011
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