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My ex husband is deployed and apparently signed a "special…

Customer Question
Hi! My ex husband...

Hi! My ex husband is deployed and apparently signed a "special power of attorney" to grant his new wife the rights to what would be his visitation if he was in town. But there is no court order with her name for visitation. Do I need to allow her to see my child?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Our custody and divorce was in Hawaii, I live in California, they are in Florida. He sent me an email of a pdf with a power of attorney but our custody agreement only grants himself and his parents visitation.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No. He's just stating he has this paperwork and demands his wife visits with my son when she's in town.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My ex husband and the step mom only visit my son in person once every 3-6 months and my son hasn't seen this step family since this summer.

Submitted: 4 months ago.Category: Military Law
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Answered in 3 minutes by:
12/4/2017
Military Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Military Law
Satisfied Customers: 41,032
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Do I need to allow her to see my child?

.

No, not at all. He doesn't have the right to just pass his visitation rights to someone else. If the court ordered visitation doesn't include the new wife, then she has no rights regardless of what documents your ex gives her..

.

So you only have to abide by exactly what the court order for visitation says with regard to who who has rights.

.

.

thanks

Barrister

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Customer reply replied 4 months ago
Even with the "special power of attorney" with her name attached to it? I'm guessing I should go to the sheriff's office prior and let them know of all of this before she tries to get an "escort?"
Military Lawyer: Barrister, Attorney replied 4 months ago

Yes, you don't just hand off visitations rights like handing someone a bus pass... All you need is a copy of the court order stating who gets visitation and when..

.

The if she appears, you can show the order to whoever she appears with and they will easily see that the court granted the new wife zero rights to your child.

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Barrister
Barrister
Barrister, Attorney
Category: Military Law
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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