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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13310
Experience:  Experienced in multiple areas of the law.
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My daughter's dad got custody of her in 2010. It was a

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My daughter's dad got custody of her in 2010. It was a mutual agreement done in an attorneys office and filed with the court because I was leaving state for 2 months for CDL training. He kept her those two months then came back to live with me. Custody order was never changed but in 2011 he started paying child support court ordered because I had proof she was with me. August of 2014 I was arrested and I had to sign power of attorney for her to live with her Grandparents(his fad and step mom) while I was incarcerated. I was in jail for three months. Since I have been put of jail(it was a violation of probation for not having fines paid by deadline) I have only got to see her twice for a few hours. They will not let me see her or answer my calls. The original custody that he got stated for me to see her every other weekend from 6pm Friday till 6pm Sunday. Can I revoke the power of attorney and go get my daughter since I gave them power of attorney so she could live with them? Her dad is an over the road truck driver and she only goes to his house on the weekends. Please help they are alienating me from my daughter.
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. I am a licensed attorney and look forward to assisting you today. While you could revoke the Power of Attorney, legally, the custody order on file with the court giving the father custody is what is still controlling. So, if anything, you daughter should be with her father -and if you showed up and took her (assuming the grandparents would give you your daughter) the father could enforce the current custody order. You can file a contempt motion to enforce the visitation you should be getting, and seek sanctions, such as make-up visitation time. Or, you can petition the court to modify the custody agreement to give you custody, however that will require that you be able to prove that there has been a significant change in circumstances since 2010 AND that it is in the best interest of the child that your daughter live with you for a judge to even consider granting such a modification. Did you have any follow-up questions or need clarification about any part of my answer? If yes, please REPLY, and I'm happy to continue assisting. If not, please remember to leave a positive rating for me by clicking on the stars, so that I am credited for my time. Thank you!

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