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my boyfriend is incarcerated and so is his ex wife. I have

full power of attorney, his...
my boyfriend is incarcerated and so is his ex wife. I have full power of attorney, his child is with her parents, can I go get him legally?
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Answered in 1 minute by:
11/1/2012
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,092
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Who had custody granted to them in the divorce?
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Customer reply replied 5 years ago

not available. Divorce is not final.


 


 

If there has been no custody order and if the children are with her parents, then the party who has the children in their physical custody in Louisiana has the rights to the children unless there is a court order granting your boyfriend visitation or custody rights. Thus, even with the PoA, you would not have rights to just go and get the children, he would have to have a custody/visitation order before you could step in and exercise his rights under the court order unless her parents are willing to allow you to take them for visitation. This could get messy without a court order and if you do not wait for one you could get charged with kidnapping if you just go and get them even as POA.


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Law Educator, Esq.
Category: Family Law
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