Q: When I found out that my grandchildren were in foster care in upstate NY, I had my daughter sign and certify a Power of Attorney. We gave the document to her court-appointed lawyer but as far as I know, it was never presented to or considered by the judge. Next, I filed for custody. This petition was thrown out because the court decided I had not properly established a prior relationship with the court. Finally, I filed for Visitation. This time the judge set my petition aside for a later hearing. ‘Unless, he said as he made eye contact with the woman who now has custody, …’unless the (foster) mother will allow visits…’? Well dear reader, the woman shook her head “no” in answer to his question. At this time, the CPA has investigated me and found me guilty of some ambiguous child abuse charge I was supposed to have recently committed even though I live miles away. My granddaughter has been prompted to tell her law guardian she is afraid of me and though the law guardian was quick to present that information to the court, to my knowledge, never investigated my grandchild’s living arrangement on a consistent basis.
A: The Family Court would not recognize a power of attorney, as that document is not legally sufficient to confer custody. As for your chances on custody, you’d first need to file for a fair hearing to “unfound” the indicated finding (assuming that’s all it was) of child abuse – otherwise the chances of the Judge re-considering your custody application is extremely slim. Call a Bronx Child Custody attorney for a full assessment.