Legal Question in Family Law in Texas

Power of Attorney for children from one state to another

I am the sole provider for my two children ages 11 and 17. I would like to send them to Texas from Pennsylvania to stay with their mother for 2 weeks. I wish to give my sister there in Texas ''power of attorney'' over my children in my absence. Can this be done from one state to another and still keep its legal power, and would I need to complete Power of Attorney papers for both states. If not, which state do I need to complete the papers for? Thank you.


Asked on 7/07/05, 9:01 am

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: Power of Attorney for children from one state to another

If you have a custody order granting you full legal custody or shared legal custody with primary physical custody an agreement granting your sister powers in loco parentis with your signature duly notarized should be sufficient. If there is no custody order then your ex spouse would have potentially the power to gain custody of the children in Texas in your absence. I highly recommend that you speak with an attorney to discuss your matter in further detail. I offer free consultations.

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Answered on 7/07/05, 12:07 pm
Fran Brochstein Attorney & Mediator

Re: Power of Attorney for children from one state to another

I agree with the first attorney. However, I don't practice law outside the State of Texas.

If you need a Texas attorney, just let me know.

Fran Brochstein

www.familylaw4u.com

713-847-6000

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Answered on 7/07/05, 5:07 pm


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