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  1. #1
    Join Date
    Jul 2012
    Posts
    3

    Exclamation Can We File a Petition Revoking a Power of Attorney Over Minor Child

    My question involves a child custody case from the State of: TN

    Maternal grandparents had custody of granddaughter for 2 years-she is 3, due to unwed parents constant legal/instability. They have ordered visitation they fought for. Both parents are in jail currently but they filed a Power of Attorney with the Paternal grandmother. This grandmother didn't even see the child or check on her the entire time the Maternal grandparents had the child. The Maternal grandparents filed an emergency order for dependent/ neglect but the Power of Attorney given by the parents didn't make it an emergency situation. The police transferred the child back to Paternal grandmother.
    They dismissed their custody suit "without prejudice" against the parents last year having spent out over $11,000 in attorney fees. Mom had made progress at that time also but has since relapsed again legally.
    The Paternal grandmother had stolen property in her home by the son. Her 2 sons have been in legal troubles.
    The Maternal Grandparents are the only stable home the granddaughter has. They have the best interest of the child at heart and the parents only gave their power of attorney to the other grandmother due to her readily accepting their criminal ways.

    What can they file to get the child? Can they reopen their original custody suit? Due to both parent's incarceration, do they need to go after guardianship from the Paternal grandmother?
    God bless.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can We File a Petition Revoking a Power of Attorney Over Minor Child

    So the parents want their child to reside with the paternal grandmother, and have given the paternal grandmother power of attorney, but there are no court orders in effect?

    And the maternal grandparents want to remove the child from the custody of the paternal grandparents? Based only on the allegation that the paternal grandmother's "2 sons have been in legal troubles" (which is not particularly relevant even before we note that the same can be said of their daughter.)?

  3. #3
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Can We File a Petition Revoking a Power of Attorney Over Minor Child

    The parents have signed a POA to Paternal grandmother.
    The Maternal Grandparents had custody of child for well over 2 years but dismissed a dependent/neglect petition (due to overwhelming legal fees & mom cleaning up her act) last year & gave custody back to mom.
    Both parents are again jailed. They have not made efforts to properly care for the child. Once the petition was dropped by Maternal grandparents, everything went to h*** in a handbasket.
    The Maternal grandparents seek medical care, etc for the child to this date as noone else will make sure she is taken care of. Just a month ago, they took her to the ER after father (who lives with Paternal grandmother) dropped her off with swollen lymph nodes & severe rash. They had also taken her to the ER for the same rash a month earlier. There are other safety concerns.

    Although the mom has said this is the best place for the child to stay, she was afraid Maternal grandparents would pursue a permanent custody against her so she went with the other party giving a POA.
    The maternal grandparents could not get an emergency order signed due to the POA but I think they can file for a regular guardianship hearing. Could they reopen their original petition for dependent/neglect from last year? Would they file against the Power of Attorney given by both parents?

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