Temporary Custody

[pippi]

My sister and I sat down and decided that my nephew needs to come live with
me and my husband. We did a power of attorney. The school system wouldn\'t
take because according to TN Law 34-6-301 there is three reasons they have
to accept a power of attorney. We listed the reason as other because I
really didn\'t think that if fell under anything else. The reason that we
want him to come live with us is because he is starting to get a trouble at
home-leaving the house without permission, staying out all night, and
skipping school. My sister is a single mom of three-18, 16, and 13 (the 16
year old is the one that needs to come live with me). She works third
shift. The 18 year old can\'t really control the 16 year because he is the
older brother. Anyway, we have tried to find out about an agreed order of
temporary custody, but the attorney wants more than either of us has just to
get it in court. Is there anything else that can be done? My sister is an
awesome mom and she!
is just trying to prevent her son from getting into any trouble. Any
thing you can help us with would helping us save this young man from getting
into trouble.

[tbyte]

So your sister is agreeable to this, but it is the school system that is the problem?

Yes the school will not accept the power of attorney, and the way I understand the law they don't have unless it is one the 3 that is listed. However, the following reason I have begun to question: "the physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided;" My sister works nights, she has to provide for her 3 kids. The oldest is 18, but he make sure that the middle stays home. Anyway, any suggests you can give would be greatly appreciated.

[tbyte]

Power of attorney itself does not indicated who has possession of the child or where the child's residence is, and the child's residence is probably the primary concern for the school system. They don't want funds from their community being used to educated children from other communities.
You need to talk to an attorney to find out what can be done for the child to establish legal residence with you.

From what I understand contacting an attorney is what needs to happen so that temporary custody could be obtained. There is the problem, so far the attorney wants $800 just to get started to get in court. My sister, nor myself can afford. Would anyone have any suggestions on this part of it?

[tbyte]

Of course it is good to use an attorney, but of course justice in our country is not enjoyed only by those who can afford attorneys.
You can move this through the courts on your own, particularly if the mother is not fighting you on it.
Off the top of my head, I'd say the mother and yourself need to draft an affidavit stating the facts of the matter and the beliefs of both parties that it is in the best interests of the child for you to have custody. You both need to sign the affidavit in front of a notary public (your bank probably has one at each office), and then file the affidavit with the court accompanied by a motion for change of custody.

You know I didn't think about that. Of course I am not an attorney, but I have dealing with courts with my job. That is what makes this so difficult, because I know for a fact custody is changed everyday because the department I work for helps with it. Of course, if we are involved that really means there are problems. Thanks I will look into going about the way you described.