How can I get custody of my children? 11 Answers as of May 12, 2011

All four of my children are living with my sister’s well 3 with one and 1 with a different one. The thing is they just have power of attorney and have never been given custody. I gave them power of attorney because did not have place to stay and it was best at time. The one sister with my youngest child tries to keep her away and not let me see her they all live together but she wants to get an apt alone with my youngest and I do not want her to separate that the only reason she has her at the present time. Plus I am now getting child support paper for my oldest kids and I would rather just have them with me because I have never lost custody. So now I just want to know what rights I have as seeing in visiting my children and even taking them back to live with me. My 3 oldest have lived 3 years with my sister and youngest about 15 months. I just feel alone and don’t know what to do as I do not speak to my sisters or any of my family. I am ready to take my youngest child back NOW can I just go terminate power of attorney and take back my child?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Yes. The burden would be on them to petition a court for custody. Stay well.
Answer Applies to: Alabama
Replied: 5/12/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
A Power of Attorney is revocable at any time. Though the sisters could commence a court action seeking custody, until that occurs, you have the right to rescind the Power of Attorney and take custody of your children.
Answer Applies to: Minnesota
Replied: 5/12/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can revoke the power of attorney at any time. Go get your children.
Answer Applies to: California
Replied: 5/11/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
You gave them power of attorney not custody or guardianship. With the power of attorney, you gave them power over your transactions, not custody of your children, as such, you may pick up your children, as you still legally have custody of them, any time you please.
Answer Applies to: Illinois
Replied: 5/11/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You have created a very difficult and complicated situation and need to contact an attorney for comprehensive analysis and advice. Legally, you have the right to revoke the power of attorney at any time and insist your children be returned to you. But, given the amount of time you have allowed this situation to exist and the ages of the children, IF your sisters choose to resist you and begin legal custody or guardianship proceedings a court will have to balance the best interests of the children against your rights as a parent. Your past behavior and decisions will become relevant to the Court in making that decision. If you truly care about your children you will obtain the assistance of qualified professionals, lawyers and mental health people, to help you and your sisters work out the best solution possible to the uncertain situation you have created for your children.
Answer Applies to: Colorado
Replied: 5/11/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You can terminate a power of attorney at any time. You will probably have to file for custody orders.
    Answer Applies to: Connecticut
    Replied: 5/11/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    If there are no court orders taking the children away from you then it sounds like there is nothing preventing you from taking your children back. However, be prepared for your sister to file an action for third party custody when you do that.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You can take power of attorney back at anytime and get your kids at anytime.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Your case has very complicated dynamics. Yes, you could terminate the POA, but that would not completely solve the many issues involved.
    Answer Applies to: Washington
    Replied: 5/10/2011
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