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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am in Texas. I have a daughter and son-in-law in Ohio,

Customer Question

Hello, my name is***** am in Texas. I have a daughter and son-in-law in Ohio, they have 3 children, my three grandchildren. They are currently in a divorce battle, neither i really able to take care of the children alone, due to actions, and work schedules, my daughter has placed a protective order on the son-in-law. I have had a guardianship set of papers written up, both have agreed I can come get the girls, ( ages 9,7,&4), bring them here to San Antonio, set them up in school get them into a "safe, normal" setting. But the lawyer my daughter contacted said that even if I get the notorized signatures I can not take them, is this true? With their current actions towards each other it is likely that Child Protective services will be called in and I just cannot fathom the emotional strain this is going to cause on these girls. I can take care of them, I own my home, have an income that will support them, and am not seeking to have them forever but would if need be?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Can you please tell me if the guardianship order has been validated BY THE COURT, or not, and this is not a "formal" order via the Court?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
It's actually a power of attorney, I used the wrong description I am sorry I want to get this right
Expert:  Ely replied 1 year ago.
Thank you. No worries.
A school may disincline to recognize a Power of Attorney for signing children u for school. They may require a parent or a court-appointed party to do this, and this is not uncommon.
Second, the POA may be rescinded by a party. So if the daughter is rescinding her POA, then the grandparent no longer has power to take the children. Even if the son-in-law is okaying it, the daughter can OVERRIDE his POA agreement in court via orders for custody (a custody order from the court overrides the POA).
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