Legal Question in Family Law in Maryland

Joint Custody/Power of Attorney

I am a divorced parent with joint custody of a minor child. Since the mother and I cannot agree on the same attorney-in-fact, can I use a single parent Power of Attorney for the Care of Children to carry out my wishes?

Asked on 9/25/06, 4:02 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus
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Re: Joint Custody/Power of Attorney

First, it depends on how joint "legal" custody has been granted as compared to joint "physical" custody. It is possible with joint custody for one parent to have sole legal custody.

Second, it appears that agreement on this matter is unlikely. You should consider filing, should this be in your advantage, to have legal custody changed. Taking action on your own may jeopardize your future standing should action be brought against you to change custody.

You should contact an attorney to discuss your need for legal service.

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Answered on 9/26/06, 6:46 pm
Robert Sher Wagshal and Sher
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Re: Joint Custody/Power of Attorney

Assuming you have no agreement with the mother as to how decisions are made when there is a difference of opinion, you will have to either try and work out a compromise or appoint a third party to resolve it for you. For you to do this unilaterally would be inconsistent with the principles of a joint custody agreement.

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Answered on 9/26/06, 10:36 am

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