If a mother has shared cutody of her child, can she just sign over her custody rights to her POA without the father’s consent?

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If a mother has shared cutody of her child, can she just sign over her custody rights to her POA without the father’s consent?

My husband shares custody of his 10 year old son with his ex. We recently found out that his son is no longer living with his mother but with his aunt. Apparently she signed over POA to her. Can she do this without the father’s OK and is there anything we can do to reverse the custody orders since she is not able to care for him in her home?

Asked on September 1, 2012 under Family Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She cannot do that with a simple power of attorney and without a court order. The point of a custody order is to protect the child; the child is not being protected here and in fact, the father's rights to the child are being completely inhibited. You need to have your husband file a motion in court to have her in contempt of the order and seek to amend the order.


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