What is special power of attorney, delegation of parental authority? 6 Answers as of November 21, 2012I have been living with the father of my child for a year. He was never there for me through my pregnancy and a few months after I gave birth to my daughter he showed up saying he wants to be apart of her life. I decided to give him a chance a few days before her first birthday. He went ahead and got his name on her birth certificate. I was going through some drawers and found a paper saying "special power of attorney (delegation of parental authority). The documents were signed and notarized with the mother not present (note we are living together) and had no idea about this. My question is: Is this a fraudulent act? And also what can I do to battle this?
John Russo | John Russo
First of all there is no such thing that I am aware of, but without more info i.e. whats contained in the 4 corners of the document it is difficult to give you a total answer, also need to know is this authority allegedly from you to him? If so it sounds like what he is doing is trying to bolster his argument if and when you guys split up as to the children. Sounds like you have no court orders as to custody, placement, visitation, since you are still together, so if you split up he runs in front of a Judge and says look she gave me parental authority way back when, and I bet this alleged document gives him certain rights, and he claims he should be able to kept the same rights. First the document is not legal and most likely not binding, you cannot contract for future rights in children they are not property. If you really did not sign this document then I would not worry at all, it is worthless. The last thing on this are you sure it is not just something for being able to pick the children up from daycare, or take them to the doctor, things of that nature? But in any event if you did not sign it don't worry, but one question, what was the notary attesting too i.e. who appeared before them.
Answer Applies to: Rhode Island
John E. Kirchner, Attorney at Law | John Kirchner
Your boyfriend could not have put his name on the birth certificate or on a power of attorney/delegation of parental authority from you without your signature unless he forged your signature. If he forged you signature that is certainly potential fraud whenever he tries to use those documents for some purpose. If you are still living together that suggests you need to give some serious thought as to whether to continue the relationship. But, if he is in fact the child's father, he can pursue legal proceedings to have specific parenting rights established and be listed as the child's father whether you agree to that or not.
Answer Applies to: Colorado
Sapiro Gottlieb & Kroll | Lawrence Kroll
As far as I am aware, New Jersey does not recognize such a document. All rights and powers regarding children should be set forth in a Court Order. While this is not legal advice, I would hesitate to trust someone who 1) gets his name on the birth certificate without your involvement, and then 2) executes such a document (whether or not enforceable) without your consent. I would demand that he cancel the document, and if he won't, you might need to file an action in the court to declare the document void.
Answer Applies to: New Jersey
Hamblin Law Office | Sally Hamblin
The form would have to be reviewed. Generally, if you were giving certain powers to another, you would be the drafter of the form and must sign it. Does your name appear on the form delegating authority. If so you must sign it. If your signature is on it, then yes it is fraudulent. Reviewing the form is really necessary.
Answer Applies to: Michigan