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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102312
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in NM. My daughter is in Navy boot camp and I have a

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I live in NM. My daughter is in Navy boot camp and I have a power of attorney for the care of her child. The other parent is trying to sue her for custody. Do I have the right to keep this child with me as the primary caregiver with this POA?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Do I have the right to keep this child with me as the primary caregiver with this POA?

Do you mean FOR NOW, or are you asking if you can somehow get primary custody based on the POA?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

I only need to have custody until my daughters' return. Less that one year. The POA is good until Oct. 2014. The father tried to serve my daughter with an intention to sue for primary custody before she left for boot camp, but she was already gone when the process server arrived and I received the documents. She doesnt know this is happening yet and she put me in charge of the primary care of her son. He is 21 months old.

Thank you, I.

At this point, the biological parents have natural rights to the child. She has extended her natural right to you via the POA.

You continue to have this right via the POA until the Court states otherwise. The Court's order overrides the POA. So if the court awards him custody via a temporary or permanent order down the line, then the POA is voided. But until/unless that happens, the POA has you be the guardian of the child, arguably.

So until/unless he receives a court order, the POA controls and gives you the right to be a guardian to the child. However, he may seek a custody order which (if granted) would override your POA.

I hope this helps and clarifies. Good luck.

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