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I am in Texas. I have a daughter and son-in-law in Ohio,

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Hello, my name is***** am...
Hello, my name is***** am in Texas. I have a daughter and son-in-law in Ohio, they have 3 children, my three grandchildren. They are currently in a divorce battle, neither i really able to take care of the children alone, due to actions, and work schedules, my daughter has placed a protective order on the son-in-law. I have had a guardianship set of papers written up, both have agreed I can come get the girls, ( ages 9,7,&4), bring them here to San Antonio, set them up in school get them into a "safe, normal" setting. But the lawyer my daughter contacted said that even if I get the notorized signatures I can not take them, is this true? With their current actions towards each other it is likely that Child Protective services will be called in and I just cannot fathom the emotional strain this is going to cause on these girls. I can take care of them, I own my home, have an income that will support them, and am not seeking to have them forever but would if need be?
Submitted: 2 years ago.Category: Family Law
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Answered in 1 minute by:
8/20/2015
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Can you please tell me if the guardianship order has been validated BY THE COURT, or not, and this is not a "formal" order via the Court?
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.
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Customer reply replied 2 years ago
It's actually a power of attorney, I used the wrong description I am sorry I want to get this right
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you. No worries.
A school may disincline to recognize a Power of Attorney for signing children u for school. They may require a parent or a court-appointed party to do this, and this is not uncommon.
Second, the POA may be rescinded by a party. So if the daughter is rescinding her POA, then the grandparent no longer has power to take the children. Even if the son-in-law is okaying it, the daughter can OVERRIDE his POA agreement in court via orders for custody (a custody order from the court overrides the POA).
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,687
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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