Getting custody back from grandparents

[Zephyr]

based on facts that have arisen since the order was issued or that were unknown to the court at that time

would the fact that dad- very much an authority figure in a 19 yo girl's life was threatening to "ruin" her come into play? I could totally see a good lawyer making dad look like the devil himself over that issue

 

[Ohiogal]

would the fact that dad- very much an authority figure in a 19 yo girl's life was threatening to "ruin" her come into play? I could totally see a good lawyer making dad look like the devil himself over that issue

Not really no. Because the 19 year old was an adult and could have stood up for herself if she chose. She made a decision. This is NOT a situation of coercion or duress per the law. While it is not nice or sweet or preferred, mother of child had a choice. You could make dad -- granddad in this situation if I am reading correctly -- look horrible and it would not change matters much if at all.

 

[Ronin]

2151.42 Best interests of child - order granting legal custody.

(B)...A court shall not modify or terminate an order granting legal custody of a child unless it finds, based on facts that have arisen since the order was issued or that were unknown to the court at that time, that a change has occurred in the circumstances of the child or the person who was granted legal custody, and that modification or termination of the order is necessary to serve the best interest of the child

Interesting ... Although I stated the one seeking modification needs to establish (1) a change in circumstances and (2) that it is in the best interests of the child, I did not realize that in Ohio a change in circumstance of a parent is not considered a change in circumstance for the purpose of seeking modification under this statute.

This may present a problem for the mother seeking to modify custody in this case.

 

[Zephyr]

Not really no. Because the 19 year old was an adult and could have stood up for herself if she chose. She made a decision. This is NOT a situation of coercion or duress per the law. While it is not nice or sweet or preferred, mother of child had a choice. You could make dad -- granddad in this situation if I am reading correctly -- look horrible and it would not change matters much if at all.

Wasn't dad's whole reason for taking custody that mom was somehow unable to make decisions....? She was 19 definitely naive about the process. OG- I think even though you totally disagree with - could argue the point very effectively that there was a whole situation unknown to the court at the time it transferred custody.

I also still have trouble swallowing that Ohio courts would give no regard or weight to a parent's Constitutional rights just because custody had been previously changed. Do they also hold people in jail despite them having fulfilled their sentence requirements? It amounts to the same thing.

 

[Ohiogal]

Wasn't dad's whole reason for taking custody that mom was somehow unable to make decisions....? She was 19 definitely naive about the process. OG- I think even though you totally disagree with - could argue the point very effectively that there was a whole situation unknown to the court at the time it transferred custody.

I also still have trouble swallowing that Ohio courts would give no regard or weight to a parent's Constitutional rights just because custody had been previously changed. Do they also hold people in jail despite them having fulfilled their sentence requirements? It amounts to the same thing.

Actually no. it doesn't amount to the same thing. It has to do with the required findings necessary for a court to change custody to a third party (a finding of unsuitability on the part of the parent that leads to the child being dependent, neglected or abused). Also you have to understand, LEGAL custody is permanent. Temporary custody doesn't require a change in circumstance and the grandparents could have had temporary custody for a year or two thus giving mom time to get on her feet. Guardianship also exists in Ohio. But if the grandparents have CUSTODY without any qualifiers that is a permanent state -- or as permanent as custody gets.

Could I make the argument? Yes. Could I possibly win? It would be slim and would depend a lot on what I could get grandpa to do in court. And mom's behavior as well. An argument could be made but the statute is quite specific. Now I could argue mistake and therefore due to said mistake mom should get back custody. But that would mean there was no record of the proceedings. I could also argue lack of due process because FATHER was not included -- we never got an answer about dad. But the statute is firm.

 

[Just Blue]

Where did OG's post go? What dimwit is reporting the attorney for Ohio on a Ohio thread???