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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a adopted son(16) (florida) having problems he wants

Customer Question

i have a adopted son(16) (florida) having problems he wants to go and live with his sister in colorado. she is (34) we are both in agreement that this is best for him . i Need to know what are my option without going thru court. thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only 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.

I am sorry to hear about this situation. Without going through the court, basically the only option is a power of attorney from you to your sister. See HERE. With such a power of attorney, she would be his de facto guardian. However at any time, the POA may be voided by the actual parent (i.e. you). The POA lasts for 12 months at the most (CO 15-14-105), so it would have to be re-signed every year.

There are draw backs to this. For example, if the child ever gets into legal trouble, you would still be considered the parent/guardian and have duties thereof. You would also be civilly liable for up to $3,500 for his shoplifting or willful/malicious property damage or personal injury, or, $250 for negligence or willful misconduct while driving a motor vehicle. You may also be held responsible if your sister does not provide a stable environment for the child and the child is found to be lacking basic necessities. There is no way to get rid of this duty/liability unless custody is formally changed via the court to the sister.

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Customer: replied 1 year ago.
i live in florida she lives in colorado , do i need a power of attorney from florida.
Expert:  Ely replied 1 year ago.

Either POA may be used in either state.

A POA that may be used in FL may be found HERE.

However, if the child is going to live in CO, then the POA is best to be from CO. It is best to simply sign the POA when in CO dropping off the child in CO one's self (to ensure that the language for the state/county in the document matches the location where it is being signed.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!