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does military special power of attorney give the POA rights

 
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Customer Question

does military special power of attorney give the POA rights to the visitations of the kids as previously arranged for parent signing special power of attorney paperwork before being deployed in kansas.

 

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Country relating to Question: United States

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Submitted: 373 days and 7 hours ago.
Category: Military Law
Value: $28
Status: CLOSED
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Expert:  LawHelpNow replied373 days and 6 hours ago.

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QUESTION: "does military special power of attorney give the POA rights to the visitations of the kids as previously arranged for parent signing special power of attorney paperwork before being deployed in kansas."

 

ANSWER: No. Such a document [example: Military Special Power of Attorney] addresses certain matter such as financial and property issues, pursuant to federal law. However, child access (custody, visitation, parenting) is a matter for the Court (civilian) to determine, pursuant to state law. That is always the case, decided pursuant to the "best interests" legal standard. No one, including a member of the military, can assign or "sign over" such rights via this type of document.

 

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Customer replied373 days and 6 hours ago.

Military special power of attorney does exist it is standard for a deploying solider to complete especially concerning child care. But to be more specific i currently have custody and the last custody order is from 2008 and he was granted every other weekend. He has signed things over to his mother and they seem to think that she legally assume his visitations

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Expert:  LawHelpNow replied373 days and 6 hours ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome-- my pleasure to be of service.

 

I will be glad to comment further -- please see below.

 

Kindly just let me know if you are having any problem with submitting your acceptance of my answer. I would be glad to help out if so or ask our support team for assistance if needed.

 

QUESTION: "Military special power of attorney does exist it is standard for a deploying solider to complete especially concerning child care."

 

ANSWER: Yes, absolutely, I agree with you, no arguments here. However, it does not serve the purpose of governing child custody and such matters. Whomever is telling you so is mistaken...period. The mother (of the biological father) you have mentioned has not legally assumed visitation rights, plain and simple. I am not sure what else to say, but that is how the law operates.

 

Take care and thanks again for choosing JustAnswer®!

 

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Expert TypeAttorney/Lawyer
Category: Military Law
Pos. Feedback: 93.7 %
Accepts: 199
Answered: 5/10/2012

Experience: Relax. Let's work together. Practical solutions.

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