Signing Over Temporary Custody To Relative

colorado springs divorce lawyer Stephanie RikemanQuestion:

I am in the midst of a custody battle, though I have temporary sole custody of my children.

I have a lot of upcoming business travel that I cannot cancel, so I am wondering if I can assign power of attorney or temporary custody to my mother who is currently living with my children and I?

That would keep them in the same custodial environment and hopefully not hurt my chances of keeping custody.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Colorado divorce laws where I am licensed to practice.

This may not be a simple matter of a power of attorney. Powers of attorney are often misinterpreted in what they can accomplish. They can assign your legal rights and financial matters to the care of another but child “custody” may not be covered under a power of attorney depending on your state’s laws.

For example, where I practice, divorce attorneys often craft into our parenting plans what is called a “right of first refusal.” Essentially, it’s a clause that says when the parent that’s entitled to exercise parenting time isn’t available, he or she has to offer it to the other parent rather than getting day care, babysitters, etc.

So you also have to determine what any of your current parenting time orders state regarding first right of refusal.

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Right of First Refusal

In my state, there is case law (determinations by judges interpreting the statutes) that says that a parent can delegate parenting time, at least to a stepparent, in cases where he or she is active military and deploying. But these can be unique circumstances and depend on the parties, the state’s laws, and the circumstances of the children.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Colorado Springs Divorce Lawyer Stephanie D. Rikeman, contact Cordell & Cordell.

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One comment on “Signing Over Temporary Custody To Relative

    I am in a custody battle with my ex, we both want full legal. I want it bc our marriage of 10 years ended when he became extremely violent in front of our kids no less and he want full legal be he “is the law”. He’s a detective. Seriously he thinks he should havefull legal custody bc of his job.
    Anyway, he lives with his parents and as a detective he isn’t always available to care for the kids on his days, sometimes he is stuck at work and can’t pick the kids up from school ect., whatever the situation may be his parents end up taking care of the kids when he can’t. Which is often. We have the first refusal in our agreement. I’ve asked him to please let me know first when he can’t watch the kids because I may be available and I remind him of the first refusal. He says his lawyer said that’s not what it means. Does money have to be involved for first refusal to apply? I’ve been a stay at home for 10 years, now my ex decides he doesn’t like how I raised the kids and wants to take them away. Yet he can’t even show up to pick them up for school! He’s also spent nights in hotel rooms while our kids were left with his parents. Please tell me if these incidents of him not taking care of the children on his days and hiding it from me is a violation of the first refusal? If it’s NOT, is it something the judge would be interested in knowing about anyway?

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