Legal Question in Family Law in New York

My son is a federal inmate and is the legal father to his daughter. I understand he is civilly dead and the mother has full control of the baby. The mother is not at all sensible and not a competent decision maker. If my son gives me power of attorney would that make me take his place in matters, such as getting the baby a passport. Would the mother then need my signature along with hers for such matters?

Asked on 5/29/10, 10:12 am

1 Answer from Attorneys


No. A POA from your son would give you authority ONLY to act on your son's behalf, not his daughter/s. You do not and cannot stand in your son's place with respect to his child or children, unless So Ordered by a Court of proper jurisdiction; or upon the Custodial parent giving guardianship rights to you. And, your son is not the custodial parent.

Good luck,

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Answered on 5/29/10, 9:20 pm

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