August 2011

Monthly Archive

Can My Mother-In-Law Refuse to Return My Children?

Summary

My children were temporarily sent to live with their grandmother, in accordance with a power of attorney document we purchased online. She is now refusing to return the kids because one of the criteria hasn’t been met. Can she do that?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘In 2009 we signed a POA for the Care of Minor Children and sent kids to temporarily live with Grandma. At the time of signing she attached “termination criteria”. We have met all of the agreements except obtaining my drivers license and based on this she is refusing to return the kids. My questions are first, does the “Termination Criteria” trump my ability to revoke at any time even prior to a stated ending date. Secondly, can she use the POA to file for custody under abandonment without our knowledge since she has been caring for the kids for more than 6 months. She is not above claiming inability to contact us for consent to custody. The POA form was a legal doc purchased online, the termination criteria was hand typed but was notarized with POA.’

You need to *immediately* speak with a good family law attorney in the state in which your mother-in-law lives. It is unusual, to say the least, for someone to give their children to someone else, along with a document they purchased online, and, sadly, it is not at all unusual for a grandparent to attempt to keep control of their grandchildren if they feel they can do a better job at raising them then can the parents. Unfortunately, this is the outcome when you try to resort to cheap, do-it-yourself measures when your children’s well being is on the line, and by consulting a free online website, instead of an attorney, you are doing it again. These are your children, for goodness sakes, get a lawyer, and get them back.


A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

The President of My HOA is in Violation of the Bylaws. What Can We Do?

Summary

The president of our HOA’s Board of Directors owns a unit in our development which is being renting by tenants with a large dog. This is a violation of our bylaws. What can we do about it?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I live in a condo. The President of the Board of Directors purchased a foreclosed unit and rented it out.
The tenants have a Labrador, a violation of the bylaws which states that all pets be under 15 pounds.
The dog is now four months old and weighs much more than 15 pounds. What to do?
I complained to the President of the Board with no response. I informed him that he is now allowing other co-
owners and tenants to purchase over sized pets which could also open us up to lawsuits if one of the beasts should bite someone and that he is in violation of the bylaws. What else can I do?’

> You have a few options here. First, you could bring this up with other members of the Board.
Presumably, the President isn’t the only one in control, though it’s not unusual for Boards to be in lockstep about various issues.

Second, you could exercise democracy. Talk with your neighbors, and vote the President out. Then the new President can enforce the rules.

Third, and finally, you could sue. Your personal right to sue in order to enforce the terms of the HOA can vary, so step one would be to have the HOA documents reviewed by an attorney for this purpose. Also, it’s possible that contact from an attorney might prompt some action short of a lawsuit.


A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.