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Special Power of Attorney unto Attorney

Started by Gordianknot, Apr 26, 2005, 06:48:47 AM

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Gordianknot

Soc-

This summer my child's father is going to be deployed and has made appropriate arrangements for our child's care in his absence with his wife.  We had a hearing on 8 April, where I challenged the decision to leave our daughter in the care of a stepparent for extended period of time and lost that battle according to Arizona Revised Statute 25-403.  I will not have a threshold to litigate the custody arrangements until Dad is gone for a period longer than six-months.  

The bulk of his deployment will be over the summer months, where I will have all the parenting time.

My concern is that I received a Special Power of Attorney in the mail where Dad gave full power to his attorney in his absence and this is exactly what the POA states:

"Sign, receive, and take any and all action necessary to execute and finalize PC Superior Court documents and any other documents and any other documents relating to child custody and/or divorce proceedings in the matter of Dad vs. Mom D-xxxx-xxxx and any and all ancillary proceedings in said court or other courts as required. This power of attorney includes the power to take any and all actions necessary to represent Dad's interests in litigation, including, but not limited to, filing and signing pleadings, settlement documents, court orders, participating in mediation, and appearing in court in connection with the above-referenced matter."

My questions:

1. Does this mean I must forward all necessary child-related information through his attorney-in-fact instead of directly sending child-related information/travel arrangements to Dad's wife?  Or both?

2. If I fail to forward all flight itineraries or written notices (I file them with the clerk of the court as I am a pro-se litigant) through Dad's attorney-in-fact and reasonably send them directly to the wife for all practical matters, is it the same as not notifying the wife (read: Dad)?

3. What are my obligations as the non-residential parent exercising summer parenting time as it relates to this filing?

Thank you for your assistance or any enlightenment you are willing to provide.

socrateaser

>My questions:
>
>1. Does this mean I must forward all necessary child-related
>information through his attorney-in-fact instead of directly
>sending child-related information/travel arrangements to Dad's
>wife?  Or both?

No, the instruction is limited to matters of litigation.

>
>2. If I fail to forward all flight itineraries or written
>notices (I file them with the clerk of the court as I am a
>pro-se litigant) through Dad's attorney-in-fact and reasonably
>send them directly to the wife for all practical matters, is
>it the same as not notifying the wife (read: Dad)?

Litigation matters to attorney -- ordinary matters to step parent.

>
>3. What are my obligations as the non-residential parent
>exercising summer parenting time as it relates to this
>filing?

Nothing has changed. treat step parent as other parent and attorney as attorney.

Gordianknot