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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I have a power of attorney over my 2yr old granddaughter ...

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I have a power of attorney over my 2yr old granddaughter that my daughter signed 3 mos ago and has come to see her now wants to take her back to california to live with her and a boyfriend. neither one has a job. can I stop her from taking her
Submitted: 9 years ago.
Category: Legal
Expert:  Dave Kennett replied 9 years ago.

DearCustomer- If all you have is a power of attorney given by your daughter then your daughter can revoke that POA at any time and take her daughter anywhere she pleases. If you had obtained custody that would be a different matter as the court would have to approve any change in custody. I appreciate your concern but your granddaughter is your daughter's child and she has the power to do what she wishes so long as its legal.

David Kennett - JD - Attorney at Law

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Customer: replied 9 years ago.
She can not take proper care of her, and her so called boyfriend is 14 years older than her. I have been taking care of her with no help from either parent do I have any hope in getting custody of her if I take her to court. My daughter takes her can't handle her and gives her either back to me or someone else do I have any hope in getting custody of her
Expert:  Dave Kennett replied 9 years ago.

Then you should file a motion for custody with the local court. It may be an uphill battle but if you are afraid for the child's safety it is the right thing to do. You may want to seek the assistance of a lawyer to be sure you get everything filed correctly.

Dave Kennett

Customer: replied 9 years ago.
I can do that, one more question! As long as the power of attorney is not revoked and it states I can take her anywhere in the world, if I chose to leave without letiing her know can she get me for kidnapping her?
Expert:  Dave Kennett replied 9 years ago.

Well kidnapping may be a bit of a stretch but the court may frown on you keeping the child away from her without her consent. Obviously she could revoke the POA at any time and then you would be in violation of the law. I think the better course of action is to file for custody.

Dave Kennett