Does a childcare POA work in another state?
The short answer? Yes, you can do it, but you’ll need to execute two valid POAs (one for each state), and make sure they align with each state's rules. Let me know if you want help outlining exactly what language to include or if you'd like a step-by-step on how to file these!
That's the short answer.
Here is the long answer:
- You can create a minor POA for your parents.
- The law that covers this is the US Constitution's Full Faith and Credit Clause. This clause says that documents created in one state are valid in other states to prevent inconsistencies. Each state has its own specific POA forms and requirements, so you’ll need to prepare a separate document for each state that follows its local laws. In Arizona, you can grant a parent or other adult temporary authority over a child for up to six months using a special minor child POA form. In Texas, you can also give someone temporary authority, but it has to comply with Texas Family Code, and it usually covers care, custody, or education.
A POA can help in practical situations, like allowing your parents to step in while you’re back in Arizona, but it doesn’t officially change custody.
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Can you create a minor power of attorney for 2 states for the same child?

I understand that navigating legal documents for your child can be challenging. Which two states are you looking to create the minor power of attorney for?

Arizona and Texas.

Is this power of attorney intended for a specific purpose, such as medical decisions or educational matters?

No, just medical and temporary.

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your power of attorney needs for Arizona and Texas.

Guardianship.

Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Are you the parent or the attorney-in-fact?

Hi, I currently reside in Arizona with my son. His mother refuses to give my son back from Texas, and now I’m going through the courts to get him back. I have to go back to Arizona tomorrow so I can sign the final document. However, if the courts grant me the emergency custody, I would like my parent to have power of attorney over my son so the local law enforcement can turn him over to my parents.
I want to create a power of attorney for both of them out of Texas and Arizona.

Ok, thank you so much for including that! If I may clarify, are you looking to give power of attorney to someone else?

Just to my parents so law enforcement can turn over my son to them. Since I will be back in Arizona at that time.

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

The reason I have not left back to Arizona is due to my ex-wife claiming I had abandoned him in Texas. Which is not the case.

No problem! I’ll certainly address that. Anything else you'd like to add you think is relevant before I answer?

But that’s it.

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Sounds good. If you can also add the law sections (reference) and paragraphs that would be great.

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.

The short answer? Yes, you can do it, but you’ll need to execute two valid POAs (one for each state), and make sure they align with each state's rules. Let me know if you want help outlining exactly what language to include or if you'd like a step-by-step on how to file these!
That's the short answer.
Here is the long answer:
- You can create a minor POA for your parents.
- The law that covers this is the US Constitution's Full Faith and Credit Clause. This clause says that documents created in one state are valid in other states to prevent inconsistencies. Each state has its own specific POA forms and requirements, so you’ll need to prepare a separate document for each state that follows its local laws. In Arizona, you can grant a parent or other adult temporary authority over a child for up to six months using a special minor child POA form. In Texas, you can also give someone temporary authority, but it has to comply with Texas Family Code, and it usually covers care, custody, or education.
A POA can help in practical situations, like allowing your parents to step in while you’re back in Arizona, but it doesn’t officially change custody.

Okay. Sounds good. Can you write a POA for Texas then? I’m aware that if I write one for Arizona the law enforcement officer will not accept it as it’s for a different state.

I'm flattered, but the problem is the site doesn't let us represent customers. I'm very sorry. The site doesn't let us do that level of work because of some legal complexities regarding legal advice; however, try contractscounsel.com. It's a site where you can post a job for free, then lawyers will bid on the jobs and you get to choose which lawyer and negotiate the price for the job as well. They can draft these things for you, probably around $300 or so.

I have a hypothetical question then. If you don’t mind.

Sure thing!

Hypothetically if a divorced couple has a written custody agreement signed by a judge. It has not been followed for more than 2 years. The parent that has not seen the child for more than 2 years, would it be considered abandonment?

Correct. If a parent hasn’t seen their child for more than two years despite a court-ordered custody agreement, it could be considered abandonment, especially if they made no effort to maintain contact or support. However, whether it legally counts as abandonment depends on state law and the parents’ reasons for not following the order (like being blocked by the other parent).

As such, it's not automatic abandonment such that a parent automatically loses rights, but the two-year absence could weigh in a judge's decision as to whether to grant custody and/or terminate rights.

Or would they have any legal standing to keep the child if they haven’t provided any financial support or have made zero attempts to see the child.

The parent who had the child has never “blocked” communication with the other parent.

I hear you! It's not black and white or automatic at all. If a parent hasn’t provided support or tried to see the child for over two years, their legal standing to keep or reclaim custody would be very weak. Courts typically consider the child’s best interests, and a long-term lack of involvement can be seen as abandonment or unfitness. Unless there’s a new court order, they technically still have rights on paper, but in reality, those rights can be heavily restricted or terminated by a judge.

Also, I'm so very sorry! Something came up unexpectedly. I sincerely apologize, but I should only be gone about 10 minutes, and will return immediately. This conversation doesn’t close and will stay open. This conversation is ongoing until your questions are answered. Your patience is sincerely appreciated!

I appreciate it!