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Roger, Attorney
Category: Family Law
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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How do I or should I say can I immediately recover my son

Customer Question

How do I or should I say can I immediately recover my son daughter. The mother signed me a durable power of attorney over daughter sometime ago well before the come to pick child up what or can I do to speed process of child being handed over to us
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi -my name is ***** ***** I'll be glad to assist.

The power of attorney gives you the authority to act on behalf of the person giving the power to you, but that document doesn't give you any legal custody/guardianship over a child. In order to obtain that, you would have to file a petition in court (county/state where the child lives) for a legal guardianship to be established. Once you get the order granting you guardianship, you would have the right to obtain and maintain custody of the child.

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