My husband has gone overseas. I have power of attorney. Can I pick up his son during his weekends. My husband would like to see him when we video chat

Question Details:

My husband is overseas and we video chat everyday. With power of attorney, can I still pick up his child so they can see each other on video? I was told, from a friend, since it is his weekend, if he wants his child with me, than he can. It is the only way they will be able to see each other.

Asked 11/7/2009 under Divorce, Marriage, Alimony | 293 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

The unwritten subtext of your question is that the custodial mother is uncooperative.  Is that the case? Before you lawyer up on this and start talking about what rights you have under the power of attorney, doesn't it make a lot more sense to propose the idea to the custodial mother. Any court that looks at this issue will act in the best interests of the child, and it seems reasonable to assume that it is in the best interests of the child to maintain contact with his father. Your husband has visitation rights, so there should be no issue with virtual visitation. Still, the first thing a court or other mediator will ask is why the father and mother didn't just sort this out between themselves without involving the legal system. Visitation rights are personal to a specific individual, so you can't act in place of your husband.  The power of attorney doesn't make you him for visitation purposes.

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