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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102356
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter has voluntarily going to a rehab center. She is

Customer Question

My daughter has voluntarily going to a rehab center. She is giving me custody of her two children til she is able to take care of them. Their father has fled from state, never answering any court dates to set up child support. Neither of them have legal custody of them. Never went to court to establish custody. I need to know what route to take and the quickest. My daughter and 2 children have lived with me since June of last year.
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.

There are two ways to do this.

POWER OF ATTORNEY

PROCESS: She signs a power of attorney giving you the right to make parental decisions on her behalf. See sample HERE.

PROS: No need to go to Court, immediate effect.

CONS: She can void the POA at any time. The father can override the POA at any time. While there is a presumption that the POA is valid, if she is ruled by the court or a medical entity not to have mental capacity at time of having signed it, the POA can be voided.

COURT CUSTODY

PROCESS: File in court to get formal custody - example of petition HERE. One would have to have her sign a waiver (assuming she has mental capacity) and serve the father, either directly or via substitute service if he cannot be found (newspaper, etc). Process can take 6+ months.

PROS: Custody cannot be voided by mother or father, they must file in court to modify back.

CONS: Court has to agree to this. Length of process. Process includes costly legal/attorney fees, evaluation of home placement, etc. Attorney not required but recommended.

I hope this helps and clarifies. Please 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 TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. 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 with a positive 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 responded or replied positively. I am simply touching base. Let me know. Thanks!

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