Right of notification

[lyle32]

What is the name of your state (only U.S. law)? Ohio I am the Father – Joint legal custody with Mother being listed as Primary Caregiver, pretty much mom is the
custodial and I am the noncustodial.

Custodial parent filed a petition to have a distant relative named as guardian to our child without my knowledge. If the petition was granted do I have any legal recourse concerning my rights of being notified? If this actually made it through the court system why wouldn’t the judge have asked if I was notified?

If the petition was not filed through the court and was given to a local agency as legal documents would this be falsifying information. Petition states at the bottom under penalties of perjury and was signed by the custodial parent and the relative. There was no judge’s signature or file no. Custodial parents name and address is listed but nothing listed for father. Petition also asks for copy of birth certificate, which list both parents.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio I am the Father – Joint legal custody with Mother being listed as Primary Caregiver, pretty much mom is the
custodial and I am the noncustodial.

Custodial parent filed a petition to have a distant relative named as guardian to our child without my knowledge. If the petition was granted do I have any legal recourse concerning my rights of being notified? If this actually made it through the court system why wouldn’t the judge have asked if I was notified?

She could have lied about service. File a petition in court that granted the guardianship asking that it be dissolved since you were not given notice and ask that the hcild be placed with you.

If the petition was not filed through the court and was given to a local agency as legal documents would this be falsifying information. Petition states at the bottom under penalties of perjury and was signed by the custodial parent and the relative. There was no judge’s signature or file no. Custodial parents name and address is listed but nothing listed for father. Petition also asks for copy of birth certificate, which list both parents.

What LOCAL agency? If it was not signed or there was not a case number with the guardianship then it is not official and scratch the above advice I gave. Please tell me what agency and how did you get a copy?

 

[lyle32]

Received complete school records. School had copies of orders from the court that I provided for access each year. I was never made aware of 3/4 of the paperwork that I received. Special testing for our child. I attended parent teachers meetings and school functions, also helped every year as a chaperone on field trips. Custodial parent had testing done and agreed to a plan for our child without my knowledge.

It also makes it sound as if our child is living with this relative and they are not. I have tried to tell the courts all along that I am being treated as in intruder in my child's life by the other parent.

This is just a tip of the iceberg.

 

[Ohiogal]

Received complete school records. School had copies of orders from the court that I provided for access each year. I was never made aware of 3/4 of the paperwork that I received. Special testing for our child. I attended parent teachers meetings and school functions, also helped every year as a chaperone on field trips. Custodial parent had testing done and agreed to a plan for our child without my knowledge.

It also makes it sound as if our child is living with this relative and they are not. I have tried to tell the courts all along that I am being treated as in intruder in my child's life by the other parent.

This is just a tip of the iceberg.

You need to go back to court then. And you also need to file contempt for those things that you were not informed of regarding the child. And modifications based on the alleged guardianship -- if the child is with someone else, file for custody on the basis that the child should be with a parent.