Regaining Custody from Grandparent in Ohio

[cchanceus]

What is the name of your state? OH

I will try to summarize. My fiance lived with her father after having her second child. She began seeing the ex boyfried (natural father of children) much to the dismay of her father (grandfather of children). The grandfather called child services who believed the boys needed to be removed from mother due to her drug behavior. They placed the boys in temp custody of grandfather (whom she still lived with). Grandfather hired a private lawyer and convinced his daughter (parent of children) to sign the papers. Unknowing to her she gave him full custody and completely signed away her parental rights. She did not have representation. We spoke briefly with a lawyer about regaining custody and the lawyer mentioned that we would have to prove change of circumstance as well as best interest. Change of circumstance would be challenging to prove, but I am curious if it is possible to appeal her loss of parental rights? If so, would that make regaining custody much easier? They boys have lived with the grandfather for almost three years. We did have to take him to court to even get visitation rights which the court did allow, but he refuses to give the boys back. he is currently 58 years old.

 

[penelope10]

What is the name of your state? OH

I will try to summarize. My fiance lived with her father after having her second child. She began seeing the ex boyfried (natural father of children) much to the dismay of her father (grandfather of children). The grandfather called child services who believed the boys needed to be removed from mother due to her drug behavior. They placed the boys in temp custody of grandfather (whom she still lived with). Grandfather hired a private lawyer and convinced his daughter (parent of children) to sign the papers. Unknowing to her she gave him full custody and completely signed away her parental rights. She did not have representation. We spoke briefly with a lawyer about regaining custody and the lawyer mentioned that we would have to prove change of circumstance as well as best interest. Change of circumstance would be challenging to prove, but I am curious if it is possible to appeal her loss of parental rights? If so, would that make regaining custody much easier? They boys have lived with the grandfather for almost three years. We did have to take him to court to even get visitation rights which the court did allow, but he refuses to give the boys back. he is currently 58 years old.

What does his age have to do with this? The normal life expectancy for adults in the US is now 80, so I don't get your point.(Hoping that GP's current age might be a change in circumstance is really weak if that's what you're after, or the fact that he's older will not change what is in the best interests of the children).

Could Mom not read or was her brain just addled by drug use? I mean wake up. Social Services found reason for GP to get temp guardianship in the first place. I seriously doubt he pulled a fast one. Taking a victim mentality here for the fiance is not going to work.

 

[CourtClerk]

And how long ago did she give up her kids? The statute in order to appeal is probably long gone and appeals aren't for... I made a dumb decision. They are for errors in the law. What error does girlfriend think the court made? All they did was grant the request she made (i.e. give my kids to someone else).

 

[Ohiogal]

What is the name of your state? OH

I will try to summarize. My fiance lived with her father after having her second child. She began seeing the ex boyfried (natural father of children) much to the dismay of her father (grandfather of children). The grandfather called child services who believed the boys needed to be removed from mother due to her drug behavior. They placed the boys in temp custody of grandfather (whom she still lived with). Grandfather hired a private lawyer and convinced his daughter (parent of children) to sign the papers. Unknowing to her she gave him full custody and completely signed away her parental rights. She did not have representation. We spoke briefly with a lawyer about regaining custody and the lawyer mentioned that we would have to prove change of circumstance as well as best interest. Change of circumstance would be challenging to prove, but I am curious if it is possible to appeal her loss of parental rights? If so, would that make regaining custody much easier? They boys have lived with the grandfather for almost three years. We did have to take him to court to even get visitation rights which the court did allow, but he refuses to give the boys back. he is currently 58 years old.

NOpe. Can't appeal. Now you said grandpa got custody. Mom did NOT lose her parental rights if grandpa got custody. Mom may not have any court ordered visitation which you said she rectified so therefore she still has her parental rights. So try clarifying what the heck you want -- mom to have full custody of her children? Not going to happen without a substantial change in circumstances in the life of the child or grandpa.

 

[cchanceus]

I appreciate everyone's input. I am a little surprised at how harsh the tone of some of the replies are, but appreciate your time nonetheless. His age/health was something we considered going after for the change of circumstance, but do agree it is quite a weak point.

"Could Mom not read or was her brain just addled by drug use? I mean wake up. Social Services found reason for GP to get temp guardianship in the first place. I seriously doubt he pulled a fast one. Taking a victim mentality here for the fiance is not going to work."

The mother did not know what she was signing. She was relapsing and only 21 years old. Such are not excuses, I understand, and the law would agree I am sure, but in reality the state would have never given the grandfather full custody. He has a record of child abuse against his own children. They gave him temp custody due to her request. The grandfather hired a private attorney to draw up the custody papers as well as paperwork to have the mother sign away parental rights. She was under the impression temp custody was being given for a period of time. The fact that he asked the lawyer to draw up paperwork for the parental rights displays his intent never to give them back to her.

"NOpe. Can't appeal. Now you said grandpa got custody. Mom did NOT lose her parental rights if grandpa got custody. Mom may not have any court ordered visitation which you said she rectified so therefore she still has her parental rights. So try clarifying what the heck you want -- mom to have full custody of her children? Not going to happen without a substantial change in circumstances in the life of the child or grandpa."

The mother was able to get visitation due to her relationship with the boys and the state allows any person to challenge for visitation of the kids if best interest can be proven. (At least that is what the lawyer told us and we were able to get it). If she had her parental rights still, we were informed that getting custody back would be a lot easier. Hence my original question about that appeal. I see that the general consensus is that an appeal is not an option.

 

[LdiJ]

I appreciate everyone's input. I am a little surprised at how harsh the tone of some of the replies are, but appreciate your time nonetheless. His age/health was something we considered going after for the change of circumstance, but do agree it is quite a weak point.

"Could Mom not read or was her brain just addled by drug use? I mean wake up. Social Services found reason for GP to get temp guardianship in the first place. I seriously doubt he pulled a fast one. Taking a victim mentality here for the fiance is not going to work."

The mother did not know what she was signing. She was relapsing and only 21 years old. Such are not excuses, I understand, and the law would agree I am sure, but in reality the state would have never given the grandfather full custody. He has a record of child abuse against his own children. They gave him temp custody due to her request. The grandfather hired a private attorney to draw up the custody papers as well as paperwork to have the mother sign away parental rights. She was under the impression temp custody was being given for a period of time. The fact that he asked the lawyer to draw up paperwork for the parental rights displays his intent never to give them back to her.

"NOpe. Can't appeal. Now you said grandpa got custody. Mom did NOT lose her parental rights if grandpa got custody. Mom may not have any court ordered visitation which you said she rectified so therefore she still has her parental rights. So try clarifying what the heck you want -- mom to have full custody of her children? Not going to happen without a substantial change in circumstances in the life of the child or grandpa."

The mother was able to get visitation due to her relationship with the boys and the state allows any person to challenge for visitation of the kids if best interest can be proven. (At least that is what the lawyer told us and we were able to get it). If she had her parental rights still, we were informed that getting custody back would be a lot easier. Hence my original question about that appeal. I see that the general consensus is that an appeal is not an option.

Under what relationship did she receive visitation rights? As their mother, or as their sister? It almost sounds to me like grandpa adopted the children.

 

[Ohiogal]

"NOpe. Can't appeal. Now you said grandpa got custody. Mom did NOT lose her parental rights if grandpa got custody. Mom may not have any court ordered visitation which you said she rectified so therefore she still has her parental rights. So try clarifying what the heck you want -- mom to have full custody of her children? Not going to happen without a substantial change in circumstances in the life of the child or grandpa."

The mother was able to get visitation due to her relationship with the boys and the state allows any person to challenge for visitation of the kids if best interest can be proven. (At least that is what the lawyer told us and we were able to get it). If she had her parental rights still, we were informed that getting custody back would be a lot easier. Hence my original question about that appeal. I see that the general consensus is that an appeal is not an option.

WRONG! You are wrong. Mom did NOT have her rights terminated -- your girl needs a different lawyer. And no, it would nto be easier. YOU don't have standing for custody.

 

[Ohiogal]

Under what relationship did she receive visitation rights? As their mother, or as their sister? It almost sounds to me like grandpa adopted the children.

Why do you say that? In Ohio Grandpa could have gotten legal custody in a juvenile court proceeding. At which point mom would have the residual rights of a parent but the only way she would get custody returned is through a substantial change in circumstance in the life of the children and/or grandpa.

 

[LdiJ]

Why do you say that? In Ohio Grandpa could have gotten legal custody in a juvenile court proceeding. At which point mom would have the residual rights of a parent but the only way she would get custody returned is through a substantial change in circumstance in the life of the children and/or grandpa.

Because the OP keeps insisting that her parental rights were terminated. I suspect that the OP is incorrect about that, because she would have had no standing for visitation rights as a parent in that case. However, since there is some slim chance that she could have obtained visitation rights as a sibling, I thought that I would ask.

 

[Ohiogal]

Because the OP keeps insisting that her parental rights were terminated. I suspect that the OP is incorrect about that, because she would have had no standing for visitation rights as a parent in that case. However, since there is some slim chance that she could have obtained visitation rights as a sibling, I thought that I would ask.

Point taken. I agree however that parental rights were not terminated -- visitation rights may have been.

 

[Just Blue]

Because the OP keeps insisting that her parental rights were terminated. I suspect that the OP is incorrect about that, because she would have had no standing for visitation rights as a parent in that case. However, since there is some slim chance that she could have obtained visitation rights as a sibling, I thought that I would ask.

Considering that OP is not a party to this, and the mother of the child in question doesn't seem to care enough to post for herself, anything we advise would is conjecture and a waste of time.

 

[>Charlotte<]

In the case of divorced parents, sometimes one parent is given full legal and physical custody while the other parent retains visitation rights. Would that be something a grandparent could be awarded? Perhaps when OP says she gave up her parental rights, he actually means she gave up her parental authority (if that's the proper way to describe it.)

 

[Ohiogal]

In the case of divorced parents, sometimes one parent is given full legal and physical custody while the other parent retains visitation rights. Would that be something a grandparent could be awarded? Perhaps when OP says she gave up her parental rights, he actually means she gave up her parental authority (if that's the proper way to describe it.)

Yes. In Ohio if there is a case in juvenile court with CPS involvement or brought by a third party with standing, then custody could be awarded to a grandparent. The parents (plural) would retain full residual parenting rights such as the right to choose the child's religion, right to visitation, right to consent to adoption, right to support the child financially, right to access school, doctor and daycare records, and other non custodial rights.