Only guessing here because your post doesn't have many details...
If you signed a childcare POA because you were incarcerated or in a mandatory treatment program and your designated POA is now trying to intimidate you into not picking up your child, you need to consider very carefully and get some legal advice. Another week or two to investigate your options and consider your actions is not likely to have any negative repercussions. Unless and until a judge reduces your parental or custodial rights you retain them in full, even if you have spent a couple of weeks in jail or treatment.
If you do not visit and/or take exercise custody of your child when you are able, it can be considered abandonment and potentially impact your future custody of your child. I know of a mother who signed a childcare POA to her ex-MIL while in the county jail for shop lifting. When she was released, the ex-MIL told her she was filing for custody because Mom was unfit and "refused" to allow Mom to visit her child or take her home. When they actually appeared in court _seven_ months later, the primary reason for a change of custody was the mother's abandonment; and yes, the MIL had taken every delaying tactic available to extend the time frame before the hearing.
Do not let anyone intimidate you out custody of your child.
On the other hand, you only need to visit and exercise your parental rights to retain them. If your situation is still precarious and you would like your child to remain some to most of the time with the designated care giver for a while, you can pick your child up and take him/her for a visit and then return the child to the POA, assuming the POA is willing. Maybe the POA would/could provide babysitting while you work. Provide as much child support as you are able.
I encourage you to put the best interests of your child first. Your POA may have very valid concerns about your ability to care for your child in your current situation. Be calm and reasonable in your discussions with the POA and while visiting your child. Remember the POA stepped up and took care of your baby, probably keeping him/her out of the foster care system; be grateful for that help. Maybe your first visit could be in the POA's home or include her presence in a local venue or your home. Maybe you could find a third party you and the POA could agree would accompany you during visits. Even if you need to involve law enforcement to induce the POA to surrender the child, be as pleasant and calm about it as you can possibly be. Do not traumatize your child.
You can make a big mistake in your adult life and still be a good and loving mother. Please just remember a good and loving mother does not take her child back into a home with domestic abuse, or where the child's safety is threatened by drug or alcohol abuse or even the new man who doesn't care for the crying brat. The greatest danger to a minor child is the mother's boyfriend or new husband. Be careful about who you trust with your most precious responsibility.
Bryland, this is not an attempt to insult you, but I suspect that there's more to this situation than the temporary custody arrangement, especially since you mentioned law enforcement.
If you had to provide a temporary arrangement for the baby, b/c of legal issues, I would think those issues had to be addressed to the satisfaction of law enforcement or an involved court.
Presumably a situation existed whereby you needed to relinquish control. I would think the issue is whether or not that situation still exists or has been corrected. And personally, I would want to involve law enforcement if they were involved in the temporary custody needs. You wouldn't want to get your baby and have him/her removed from your control.
Best do it safely and w/i legal parameters, for your baby's sake. And I do hope things work out for you so that you can eventually keep your baby with you.
This could be a simple misunderstanding. If there are any complications, of course you would need an attorney, or at least a law enforcement 'civil assist' when you go to pick up your baby. Is the 'family member' the non-custodial parent? Maybe you need the help of CPS, but I hope not.
You need to consider what your intent was in giving the POA to a family member; and, separate from that, how did you come to transfer physical custody (if temporary) to this family member; is there a disagreement over whether custody was temporary; and what were the circumstances on Feb. 12th? Would the family member have reason to believe it would not be safe for the baby to be returned to you? Is the family member keeping or withholding the child from you? Was this a visit, or something else? Wouldn't it make a difference if it was the non-custodial parent, vs. another 'family member' who had no rights to custody? Are there drugs involved, is CPS involved?
Since you did not say, anything could be possible. What is stopping you from just going to pick up your child? I feel for you that you would even need to ask this question, being the custodial parent. It is your job to protect your baby 24/7. What is going on so that we can help you?
Have you tried to get your baby? Could it be that this all was just a misunderstanding, and the person having physical custody was just 'late' meeting up for the baby exchange?
You didn’t give anyone POA “over” your child. You didn’t give the person rights that supersede your own and you don’t give them any power or control “over” your child. So yes unless you lost custody of your child (meaning the courts took the child from you), you can go get your child at any time. Without law enforcement. In no state does a POA grant custody and take away YOUR parental rights.
Me, like Tntechie gave temporary POA to my Mom when she took my, then 10 yr old daughter, to England to visit my sister. It gave Mom permission, in case something happened, to make decisions concerning my daughter.
POAs do not give custody to people. Its just in place in case the parent is not available to make a decision concerning the childs care. I see no reason why you can't go and pick up your child if you have proof of custody and they don't. If they refuse, then call the police. If they can't help, then u may need a lawyer.
First, review the original POA. Is there an end date? Look for instruction about how you can rescind the POA. If you're mentally competent, you can notarize a document rescinding that original POA and then present it to your family member.
Disclaimer: I'm not an attorney. Since we can only respond with the information you gave us, make sure there are no other factors such as a court order, social services order, et al.
I am not an attorney and you need to see an attorney to review the actual POA you signed and confirm the law your state or residence.
In my state of TN, a child care POA does not in any way supersede any parental rights, it merely allows the POA to act and make decisions as though the POA is the parent. TN has some very formal language about where the child is considered to live if the child physically resides with the POA due to sports districts. Again, using the "form" language required in TN, a parent can pick up his/her child and/or terminate the childcare POA at any time, provided the parent has custody.
I have held childcare POAs for multiple children in our family for over a decade, including during and after one very contested divorce. My policy is I will care for your children (even your 8 week old infant) while you travel out of state for work or pleasure but only if I have at least a limited childcare POA allowing me to authorize medical treatment. I'm not going to sit with your crying child waiting for medical treatment while you are out of cell tower range on a ski slope. The parents decided they wanted me to be able to sign liability waivers for some entertainment venues like trampoline parks so I currently hold childcare POAs that endure until the parents rescind them or the kids turn 18.
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If you signed a childcare POA because you were incarcerated or in a mandatory treatment program and your designated POA is now trying to intimidate you into not picking up your child, you need to consider very carefully and get some legal advice. Another week or two to investigate your options and consider your actions is not likely to have any negative repercussions. Unless and until a judge reduces your parental or custodial rights you retain them in full, even if you have spent a couple of weeks in jail or treatment.
If you do not visit and/or take exercise custody of your child when you are able, it can be considered abandonment and potentially impact your future custody of your child. I know of a mother who signed a childcare POA to her ex-MIL while in the county jail for shop lifting. When she was released, the ex-MIL told her she was filing for custody because Mom was unfit and "refused" to allow Mom to visit her child or take her home. When they actually appeared in court _seven_ months later, the primary reason for a change of custody was the mother's abandonment; and yes, the MIL had taken every delaying tactic available to extend the time frame before the hearing.
Do not let anyone intimidate you out custody of your child.
On the other hand, you only need to visit and exercise your parental rights to retain them. If your situation is still precarious and you would like your child to remain some to most of the time with the designated care giver for a while, you can pick your child up and take him/her for a visit and then return the child to the POA, assuming the POA is willing. Maybe the POA would/could provide babysitting while you work. Provide as much child support as you are able.
I encourage you to put the best interests of your child first. Your POA may have very valid concerns about your ability to care for your child in your current situation. Be calm and reasonable in your discussions with the POA and while visiting your child. Remember the POA stepped up and took care of your baby, probably keeping him/her out of the foster care system; be grateful for that help. Maybe your first visit could be in the POA's home or include her presence in a local venue or your home. Maybe you could find a third party you and the POA could agree would accompany you during visits. Even if you need to involve law enforcement to induce the POA to surrender the child, be as pleasant and calm about it as you can possibly be. Do not traumatize your child.
You can make a big mistake in your adult life and still be a good and loving mother. Please just remember a good and loving mother does not take her child back into a home with domestic abuse, or where the child's safety is threatened by drug or alcohol abuse or even the new man who doesn't care for the crying brat. The greatest danger to a minor child is the mother's boyfriend or new husband. Be careful about who you trust with your most precious responsibility.
If you had to provide a temporary arrangement for the baby, b/c of legal issues, I would think those issues had to be addressed to the satisfaction of law enforcement or an involved court.
Presumably a situation existed whereby you needed to relinquish control. I would think the issue is whether or not that situation still exists or has been corrected. And personally, I would want to involve law enforcement if they were involved in the temporary custody needs. You wouldn't want to get your baby and have him/her removed from your control.
Best do it safely and w/i legal parameters, for your baby's sake. And I do hope things work out for you so that you can eventually keep your baby with you.
Good luck.
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Is the 'family member' the non-custodial parent? Maybe you need the help of CPS, but I hope not.
You need to consider what your intent was in giving the POA to a family member; and, separate from that, how did you come to transfer physical custody (if temporary) to this family member; is there a disagreement over whether custody was temporary; and what were the circumstances on Feb. 12th?
Would the family member have reason to believe it would not be safe for the baby to be returned to you? Is the family member keeping or withholding the child from you? Was this a visit, or something else? Wouldn't it make a difference if it was the non-custodial parent, vs. another 'family member' who had no rights to custody? Are there drugs involved, is CPS involved?
Since you did not say, anything could be possible. What is stopping you from just going to pick up your child? I feel for you that you would even need to ask this question, being the custodial parent. It is your job to protect your baby 24/7. What is going on so that we can help you?
Have you tried to get your baby? Could it be that this all was just a misunderstanding, and the person having physical custody was just 'late' meeting up for the baby exchange?
Can you give an update?
Me, like Tntechie gave temporary POA to my Mom when she took my, then 10 yr old daughter, to England to visit my sister. It gave Mom permission, in case something happened, to make decisions concerning my daughter.
POAs do not give custody to people. Its just in place in case the parent is not available to make a decision concerning the childs care. I see no reason why you can't go and pick up your child if you have proof of custody and they don't. If they refuse, then call the police. If they can't help, then u may need a lawyer.
Disclaimer: I'm not an attorney. Since we can only respond with the information you gave us, make sure there are no other factors such as a court order, social services order, et al.
In my state of TN, a child care POA does not in any way supersede any parental rights, it merely allows the POA to act and make decisions as though the POA is the parent. TN has some very formal language about where the child is considered to live if the child physically resides with the POA due to sports districts. Again, using the "form" language required in TN, a parent can pick up his/her child and/or terminate the childcare POA at any time, provided the parent has custody.
I have held childcare POAs for multiple children in our family for over a decade, including during and after one very contested divorce. My policy is I will care for your children (even your 8 week old infant) while you travel out of state for work or pleasure but only if I have at least a limited childcare POA allowing me to authorize medical treatment. I'm not going to sit with your crying child waiting for medical treatment while you are out of cell tower range on a ski slope. The parents decided they wanted me to be able to sign liability waivers for some entertainment venues like trampoline parks so I currently hold childcare POAs that endure until the parents rescind them or the kids turn 18.