Legal Question in Family Law in Washington

Nephew to be sent to Mexico

Can I send my nephew to Mexico if I have power of attorney from my brother. My brother and his wife are both in jail?


Asked on 10/07/07, 4:51 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Nephew to be sent to Mexico

Loaded question! If your brother named you as attorney in fact pursuant to his DPOA, you need to read the document carefully (with a lawyer) to determine whether you have the right to send your brother's child out of the country. Frankly, I'm not sure that the DPOA is going to expressly state that you have the right to make big decisions for your brother's child.

Does the child have a passport? Where are the child's parents? Are they married or not? Is there a parenting plan?

Bottom line is you could consider a third party custody action if you want to care for your nephew, but if you cannot care for your nephew or no longer want to, sending him out of the country is a drastic measure.

I tend to doubt that an airline is going to carry a minor out of the country on these facts.

There are lawyers who can help you resolve this issue and figure out what to do now. If you do not know one, use avvo.com (a v v o) and look. Hope this helps. Elizabeth Powell

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Answered on 10/07/07, 8:58 pm


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