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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118764
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son will be incarcerated soon and he has given me General

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My son will be incarcerated soon and he has given me General POA over all his affairs while incarcerated. Does this give me power to take his ex-wife to court over child care issues/custody?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Colorado. They were divorced in 2010. Mother has physical residence and my son has visitation rights. We have not filed any additional paperwork at this time - just signed POA in front of a notary.
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Mother is an alcoholic - father is up on charges of vehicular homicide - trial pending.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The PoA gives you right to act in all matters that your son could act in. However, it does not allow you to actually represent him in court unless you are a licensed attorney. It would allow you to get an attorney to represent him and deal with the attorney on his behalf and take his ex to court over the child care and custody issues. So you can get an attorney on his behalf and you can pursue his claims as he could pursue if he were not incarcerated.

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Law Educator, Esq. and other Family Law Specialists are ready to help you
Customer: replied 25 days ago.
OK I understand. So my son in in the process of filing for bankruptcy. If it is not completed before he is incarcerated may I continue with it on his behalf without a lawyer?
Customer: replied 25 days ago.
Thank\k you!

You are most welcome, I wish you the best.