[OH] If I give power of attorney to my daughter’s father while I go to treatment, will that prevent CPS from getting involved?
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While CPS involvement isn’t guaranteed, preparing properly with legal documentation like a Power of Attorney can demonstrate that you’ve made a responsible plan for your daughter’s care.
Based on your situation, there are several legal considerations in Ohio that could potentially support your case:
1. Power of Attorney:
Granting power of attorney to your daughter’s biological father can allow him to make decisions on her behalf while you're in treatment. However, it does not automatically prevent Child Protective Services (CPS) from getting involved if they have concerns about your child’s welfare. CPS looks at the totality of circumstances, including where the child is living, who is providing care, and whether the environment is safe.
2. Paternity and Birth Certificate:
In Ohio, changing the name on a birth certificate and establishing paternity typically involves a legal process. If someone is currently listed as the father, you may need to go through a court proceeding to establish the biological father's paternity. Once that’s established, you can petition to amend the birth certificate.
3. Name Change:
Changing your daughter’s last name also requires a court petition. This usually involves obtaining consent from the current legal father (the person listed on the birth certificate), unless his parental rights have been terminated or waived by the court.
Let me know if you have any questions or need clarifications.
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If I give power of attorney to my daughter’s father while I go to treatment, will that prevent CPS from getting involved?
I understand your concern. Can you tell me more about the reason for your treatment and how long you expect to be away?
I was indicted and I’m putting myself in treatment and not really sure on how long I’ll be gone
Does the father have a good relationship with your daughter and is he willing to take on the responsibility of power of attorney?
Yes, he’s just not on her birth certificate.
Also, I need help getting her last name changed, removing someone from her birth certificate, and putting her biological father on.
Hey there! Welcome to AskaLawyer. I'm Seth, an attorney with many years of experience, and I'm here to help you. That being said, what do you hope for from this conversation?
I was wanting to know if I give power of attorney to my daughter’s father if it would prevent CPS from getting involved.
Thanks for sharing that. First, could you let me know which state you're located in? Laws can vary quite a bit depending on where you are. Also, has your daughter’s father agreed to take on the power of attorney role?
Ohio. Yes, he’s willing to take on the responsibility—he just isn’t on her birth certificate.
Got it, you're in Ohio. Thanks for letting me know. Regarding the birth certificate, is there currently someone listed as the father who isn't the biological father? And are there any existing legal agreements or court orders related to your daughter’s paternity?
Yes, there’s someone else listed, and no, there are no legal agreements.
While CPS involvement isn’t guaranteed, preparing properly with legal documentation like a Power of Attorney can demonstrate that you’ve made a responsible plan for your daughter’s care.
Based on your situation, there are several legal considerations in Ohio that could potentially support your case:
1. Power of Attorney:
Granting power of attorney to your daughter’s biological father can allow him to make decisions on her behalf while you're in treatment. However, it does not automatically prevent Child Protective Services (CPS) from getting involved if they have concerns about your child’s welfare. CPS looks at the totality of circumstances, including where the child is living, who is providing care, and whether the environment is safe.
2. Paternity and Birth Certificate:
In Ohio, changing the name on a birth certificate and establishing paternity typically involves a legal process. If someone is currently listed as the father, you may need to go through a court proceeding to establish the biological father's paternity. Once that’s established, you can petition to amend the birth certificate.
3. Name Change:
Changing your daughter’s last name also requires a court petition. This usually involves obtaining consent from the current legal father (the person listed on the birth certificate), unless his parental rights have been terminated or waived by the court.
Let me know if you have any questions or need clarifications.
