My son recently went to jail for back child support from a child who has a different mother than the one's born to his current wife. His current wife is getting ready to give birth to their 2nd child any time now. She wants to move from Virginia to Texas. Can she legally do this? I have power of attorney for my son and also a notorized paper giving me permission to handle his custody issues. How would he or I go about filing for custody/visitation and stopping the move?
Answer
Yes, your son's current wife could move to Texas at any time, taking
the child with her (in the absence of a valid court order
prohibiting such a move).
Your son, however, could file a petition in the local J&D court in the area
where the child currently resides requesting a hearing on this issue. (I doubt that the paperwork that you've mentioned as possessing would confer upon
you any special authority regarding this particular child and the issue
of who should have legal custody of him or her.)
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