Child Custody

questions & answers

Question: I am representing myself in a modification of child custody.We have a trial set for November of this year. Throught all of the proceedings my ex-husband has not responded or filed any countering affidavits. His wife is now saying she will represent him in court as she has power of attorney over him. He is out of the country for 3 years (the courts are aware of this) but he is not with the military. Does the POA give his wife any ability to represent him? File statements or court documents on his behalf?

Answer:

Generally, a mere power of attorney does not usually give someone the right to appear on someone else's behalf in civil court. Apart from some exceptions noted in Supreme Court Rule 38, only a licensed Arizona lawyer can represent a person in civil court. Also, you may want to review Supreme Court Rule 31. You can view the Arizona Supreme Court Rules through the Arizona Supreme Court's website.

To find out what laws apply specifically to your situation and how those laws apply, you may want to consult with an attorney.

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QUESTIONS

  • I am representing myself in a modification of child custody.We have a trial set for November of this year. Throught all of the proceedings my ex-husband has not responded or filed any countering affidavits. His wife is now saying she will represent him in court as she has power of attorney over him. He is out of the country for 3 years (the courts are aware of this) but he is not with the military. Does the POA give his wife any ability to represent him? File statements or court documents on his behalf?

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