What to do if my ex mother-in-law just had my ex-husband fill out a Durable Power of Attorney regarding visitation with our children?

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What to do if my ex mother-in-law just had my ex-husband fill out a Durable Power of Attorney regarding visitation with our children?

He is currently is prison and will be there for at least another year. We got divorced shortly before he went away. We have 3 children together but before going to prison he had no interests in seeing the children. In fact, during the 6 months before going to prision and our divorce he only came to see them one time even though we had split custody (we had alternating weekends). He never came to pick them up. It has now been about 2.5 years and his mother wants to take over his visitations. Can she do that with a Durable Power of Attorney? I looked up the code and it was not very clear on this.

Asked on April 5, 2013 under Estate Planning, Texas

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

You need to visit a family law attorney on this, as this sounds like a grandparent inserting herself into your family. Grandparents do have rights regarding grandchildren, but they are limited. I don't believe a power of attorney works with this kind of issue. as most power of attorneys affect financial matters.


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