Provisional Custody By Mandate

[lalawchick]

Giving someone PCBY does not terminate the giver’s rights, does it? If Dad has sole custody and gives Mom PCBY, he executes a revocation, can he get kids back? Did he even have to do a revocation? Isn’t a PCBY sharing custody with another and not terminating originator’s custody?

[EJC-LA]

It does not; in terms of what it does think the other states, it’s a specialized “power of attorney”. A PCM on allows the mandatary the specific “powers” granted by the PCM. Also, a PCM is good for a maximum of 1 year, unless the PCM sets a lesser period, or is revoked (again, subject to the 1 year maximum).

[3kidsmom]

Honestly, it would probably hurt his chances. Number one, she isn’t going to voluntarily give them back (which means a trip to court). Second, the judge will say that she is a fit parent or obviously he wouldn’t have gone against a sole custody order and given her the kid(s)

[Author]

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