How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I have a adopted son(16) (florida) having problems he wants

Customer Question

i have a adopted son(16) (florida) having problems he wants to go and live with his sister in colorado. she is (34) we are both in agreement that this is best for him . i Need to know what are my option without going thru court. thanks.
Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only 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.

I am sorry to hear about this situation. Without going through the court, basically the only option is a power of attorney from you to your sister. See HERE. With such a power of attorney, she would be his de facto guardian. However at any time, the POA may be voided by the actual parent (i.e. you). The POA lasts for 12 months at the most (CO 15-14-105), so it would have to be re-signed every year.

There are draw backs to this. For example, if the child ever gets into legal trouble, you would still be considered the parent/guardian and have duties thereof. You would also be civilly liable for up to $3,500 for his shoplifting or willful/malicious property damage or personal injury, or, $250 for negligence or willful misconduct while driving a motor vehicle. You may also be held responsible if your sister does not provide a stable environment for the child and the child is found to be lacking basic necessities. There is no way to get rid of this duty/liability unless custody is formally changed via the court to the sister.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 11 months ago.
i live in florida she lives in colorado , do i need a power of attorney from florida.
Expert:  Ely replied 11 months ago.

Either POA may be used in either state.

A POA that may be used in FL may be found HERE.

However, if the child is going to live in CO, then the POA is best to be from CO. It is best to simply sign the POA when in CO dropping off the child in CO one's self (to ensure that the language for the state/county in the document matches the location where it is being signed.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!