Why do I have to give up custody of my child if the guardian has a power of attorney?
Question Details: Person had power of attorney of my child the guardian past away child does not want to live with mother gave power of attorney to another person now they are saying the school board says I have to give custody up of my child so he can go to school there. Did not have to do this for first guardian and they are living in the same area, why do I have to give up custody for the new guardian. Child is in the state of VA.
Hello - I am a Maryland barred attorney familiar with powers of attorney. A power of attorney is a legal document that generally gives another person the authority to manage your finances and make certain decisions in your stead. It is not used to deal with legal or physical custody of a child. The school board cannot dictate who must have custody of a child, although they may possibly have rules about enrolling children only when a parent or legal guardian lives in that school district.
Your question does not seem to be a business law issue but rather one about child custody and education law - it seems to be misfiled in a business law category. You may want to contact a family law attorney licensed in both MD and VA as soon as possible. There are some resources available to people who want to represent themselves pro se (without an attorney) in family law or custody matters - I do not know what county you live in, but you may want to call the circuit court for your county and ask for information on the local pro se or self help center. Note that I do not practice family or education law, but I hope that this response helps point you in the right direction.
