my son has joint custody and joint legal custody. Can he lose that if he gives me Parental power of attorney and his daughters mother contest? He gets deployed this month.
MORE INFO NEEDED......In what state is this occurring?
It's in California
YOUR QUESTION:Can he lose that if he gives me Parental power of attorney and his daughter’s mother contests?ANSWER: NO, on that basis alone he would not lose custody. In 2005, a California law took effect the provides that permanent changes in child custody or visitation can not be justified by a parent's absence because of military obligations. Under the California law, active military service cannot be considered by the court as a reason for modifying custody or a failure to comply with a visitation order. While the California law protects a servicemember-parent from being sued for custody because of military status, it does not protect such parents from having their military status held against them if sued for custody based on other reasons not related to military service.California Family Code § 3047:A party's absence, relocation, or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of a custody or visitation order if the reason for the absence, relocation, or failure to comply is the party's activation to military service and deployment out of state. http://www.leginfo.ca.gov/.html/fam_table_of_contents.html================================ If your question has been satisfactorily answered, please acknowledge by clicking the green “ACCEPT” button in the upper right hand corner of your screen. That’s the only way I get paid for answering your question. After you’ve accepted, we can then engage in further dialogue if needed to clarify or elaborate. Also, your positive FEEDBACK comments are important, so be sure to add a few words as requested. And I thank you in advance. http://ldgorin.justia.net/index.html
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