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Your brother needs to file for temporary custody. Without a custody order from the court he will not have the legal authority to make any necessary decisions for the child. A POA is not sufficient. In addition, without temporary custody, the father can simply come and get the child. You can also set a visitation schedule in the order. Normally each party is responsible for pickup, not pickup and dropoff. You may have a problem unless you can get him to agree in writing to your brother having temporary custody. I would not "rock the boat" but try to be as nice as possible and have an attoreny draft an agreement as to custody for him to sign so you can attach it to the petition. Here is the CA self help site and good luck.
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