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Legally Acting on Behalf of My Wife

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  • 09-20-2011, 04:18 PM
    Webslinger
    Legally Acting on Behalf of My Wife
    My question involves a child custody case from the State of: Utah

    My wife and her ex-husband have joint custody of their 14 year old son. My wife's job makes it very difficult for her to keep updated with this boy's progress in school. He has significant truancy issues and very poor grades. Because I am self-employed, I have the time and ability to meet with his counselors, teachers, coaches, etc., to get information about him that I can pass along to my wife. This makes the boy's father very upset and he has demanded that school officials refuse to provide me with any information at all. I know that technically/legally he is right. I have no custody/parental rights over this boy. However, my question has to do with the possibility that my wife can designate me as her legal representative to act on her behalf so that I can be involved.
    Since she has legal joint custody, would it be possible for her to write a letter designating me as her legal representative in regards to her son, have the letter notarized, and would that be official?
  • 09-21-2011, 05:23 PM
    Dogmatique
    Re: Legally Acting on Behalf of My Wife
    She can't do that, no.

    For one, it would not be an official document and secondly the school would not recognize it.

    But more importantly, even though you are wanting to do what you think is the right thing, you're basically asking to takeover the parental role. That's really not going to wash and Dad has every right to object.

    If Mom is having such problems where she can't attend such meetings, she needs to seriously consider changing her work schedule if possible.
  • 09-22-2011, 06:32 AM
    flyingron
    Re: Legally Acting on Behalf of My Wife
    Actually, I'm going to take slight issue with Doggy on this one. While it's not automatic, it is certainly within the purview of the custodial parent to authorize the release of student information to a third party. Of course, it would depend highly on whether the school chooses to accept such a delegation. It's done all the time to allow health care providers to discuss issues with the school personel.

    However, given the fact that their is another parent trying to stymy things, it may take some legal intervention.
  • 09-22-2011, 01:29 PM
    Dogmatique
    Re: Legally Acting on Behalf of My Wife
    I can see the point, yeap. But I also see a difference between releasing information on occasion and the stepparent actually standing in the for the parent on a regular, consistent basis.

    Now would it harm the child at all? Heck no! But you know how parents are...
  • 09-22-2011, 01:31 PM
    ottie1709
    Re: Legally Acting on Behalf of My Wife
    hi sorry for bothering but i have a big problem and i need some help with this is what happen to me I applied for the k-1 visa for my fiance and everything was alright he has never been to the united states and i got the letter from the police over in Mexico that he was clean and never been convicted of a felony i took everything to our appointment to ciudad juarez and check it and they told my fiancee that he had to wait that he was gonna be administrative procecing so we waited now on september 09, of 2011 we got a letter that says hes visa is denied for section 212 (a) (3) (A) (ii) afilliated with a criminal organization and hes not available for sorry what can i doo!
  • 09-22-2011, 01:34 PM
    Dogmatique
    Re: Legally Acting on Behalf of My Wife
    Please post this in the immigration forum. Thanks :)
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