Posted by: Lu | 2009/06/04


A friend of mine is emigrating to the UK at the end of June and her son (aged 15) is staying on, finishing the school year. He does not want to stay with his father, as he does not get on with him or his stepmother. His mother has drawn up a power of attorney, saying that he can stay with me. She has done this privately and not through a lawyer. What could the repurcussions be regarding custody and maintenance etc., I feel I have been put in a very compromising position, but feel desperately sorry for this poor boy. Could you please advise urgently.


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Our expert says:
Expert ImageDivorce support expert

Hi Lu,

SADSA does not deal with legal issues, only emotional support, however I would advise you to have the situation looked at by an attorney. Lots of things have to be considered like what are the present custody arrangements, etc. I am pretty sure that the document you have could have little value if not drawn by a legal party. Pls contact me if you want me to recommend you someone specialised in divorce related issues.

Warmest regards


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Our users say:
Posted by: G-Dad | 2009/07/04

Your position can be a tough one, depending on the father.
I know of a lot of cases where the child live with a third party like the grandmother instead of the mother or father where the mother have custody and for some reason could not take the kids with her, the father in most cases did not fight to get custody when the mother left, she can give you power of attorney, the problem is when the father decide that he want custody in the mothers absense then he stand a good chance, but the child will be interviewed and if the child do not want to live with the father then I do not think that he will suceed with such a case.

It all depend on the merit of the case and the judge you get, maintenance orderis payable to the mother unless the father agree to pay you the maintenance.

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