about my nephew

[xxnatalixx]

What is the name of your state (only U.S. law)? OH

My nephew's parents are both going to prison. He has lived with my mom for over a year now but she doesn't have custody. Should she go file now? Mom will be in prison for up to 5 years and Dad will be there for about 2. If she files for custody, does she just use the same papers as if she was a parent filing for custody?

 

[Proserpina]

What is the name of your state (only U.S. law)? OH

My nephew's parents are both going to prison. He has lived with my mom for over a year now but she doesn't have custody. Should she go file now? Mom will be in prison for up to 5 years and Dad will be there for about 2. If she files for custody, does she just use the same papers as if she was a parent filing for custody?

Stand by for OG to stop by

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? OH

My nephew's parents are both going to prison. He has lived with my mom for over a year now but she doesn't have custody. Should she go file now? Mom will be in prison for up to 5 years and Dad will be there for about 2. If she files for custody, does she just use the same papers as if she was a parent filing for custody?

I know when my brother and his ex both went to jail the grandparents went to court and were able to get court ordered guardianship without any problem at all. Custody may be a little harder to do. Are they looking at temporary custody just until mom and dad get out of jail?

 

[Ohiogal]

They need to file for third party custody. In Ohio Guardianship expires after one year. Custody is what they need. It could be temporary (even long term temporary) if they wanted that which would not require mom or dad to have a SUBSTANTIAL change of circumstance to get custody returned to them -- it would just require a change in any of the parties' lives to get custody changed. Or they can go for permanent custody. How old is the child?

 

[xxnatalixx]

They need to file for third party custody. In Ohio Guardianship expires after one year. Custody is what they need. It could be temporary (even long term temporary) if they wanted that which would not require mom or dad to have a SUBSTANTIAL change of circumstance to get custody returned to them -- it would just require a change in any of the parties' lives to get custody changed. Or they can go for permanent custody. How old is the child?

He's 4. I think temporary custody would do. We're hoping his parents wake up and turn their lives around and decide to be parents to thier child. Not that she doesn't love having him, but it would be great for him if he had parents who were willing to take care of him and give him a stable home.

 

[xxnatalixx]

I forgot to mention that his mom is 4 months pregnant and will likely be in prison still when she gives birth. Her child is not related to me, but if she doesn't have someone to take care of him then I am going to offer. (I'm pretty sure she would want me to have him anyway) I want my nephew to be able to know his little brother, and I live next door to his mom's mom, so I think she would also like for me to take care of him so her mom and my nephew can still see the baby. Would I need to get temporary custody of the baby or just get a power of attorney or something. I just want to be able to take him to the doctors or whatever else he might need before mom gets released. I found out today they are trying to bring more charges against her so he may very well be starting school before mom ever gets out. The baby's dad is serving I think 20 years, so he can't take him either, and most of his family is locked up for dealilng drugs so I don't think any of them will be able to care for the baby.

 

[xxnatalixx]

As soon as I typed this I got a call from mom's mom and she said that mom just got sentenced to 1 year, which is a lot less than she thought she would get. It is 1 year flat, no chance of parole or anything. She's going to a prison where they will let you keep your baby with you for so many months, but they don't take you out of general population. Scary....

 

[xxnatalixx]

Ok, so my nephews maternal grandma just came and took him to see his mom this evening in jail and when she brought him back, she told my mom that mom gave her power of attorney and shared custody of him. Maternal grandma does not intend on trying to keep him, but she wants to be able to come and take him whenever she wants, just whenever she shows up and demands it. My mom has had my nephew for over a year now and did not want to keep him from his mom or mom's family, but it doesn't seem right, that the only person taking care of him and supporting him has no say in when other grandma can just come and get him or whatever. She has not filed for anything yet because she did not want mom to get upset or anything and try to take him away now. What should she do? Is it likely that she can get gaurdianship or temporary custody now that the other grandma has shared custody? Maternal grandma hardly even sees him at all, but shows up unannounced every now and then and says that she's taking him.

 

[Proserpina]

Ok, so my nephews maternal grandma just came and took him to see his mom this evening in jail and when she brought him back, she told him that mom gave her power of attorney and shared custody of him. Maternal grandma does not intend on trying to keep him, but she wants to be able to come and take him whenever she wants, just whenever she shows up and demands it. My mom has had my nephew for over a year now and did not want to keep him from his mom or mom's family, but it doesn't seem right, that the only person taking care of him and supporting him has no say in when other grandma can just come and get him or whatever. She has not filed for anything yet because she did not want mom to get upset or anything and try to take him away now. What should she do? Is it likely that she can get gaurdianship or temporary custody now that the other grandma has shared custody? Maternal grandma hardly even sees him at all, but shows up unannounced every now and then and says that she's taking him.

Was this court-ordered custody?

 

[xxnatalixx]

Was this court-ordered custody?

She said that before mom got sent to jail they sat down with her attorney and agreed to it. Not sure exactly what happend or if you can even really do it that way.

 

[LdiJ]

She said that before mom got sent to jail they sat down with her attorney and agreed to it. Not sure exactly what happend or if you can even really do it that way.

It can be done that way. The attorney would then submit the agreement to the court for a judge's signature.

However, if dad's paternity is established then he would have had to be part of the process for it to be legal and enforceable.

Your mother needs to consult an attorney ASAP.

 

[xxnatalixx]

It can be done that way. The attorney would then submit the agreement to the court for a judge's signature.

However, if dad's paternity is established then he would have had to be part of the process for it to be legal and enforceable.

Your mother needs to consult an attorney ASAP.

Paterntity was established. Dad doesn't know about mom signing for her mom to have shared custody. He is in rehab for the next 4 months. My mom got a medical card for my nephew and there is a child support order for both mom and dad to pay her child support. Will that help her case?

 

[LdiJ]

Paterntity was established. Dad doesn't know about mom signing for her mom to have shared custody. He is in rehab for the next 4 months. My mom got a medical card for my nephew and there is a child support order for both mom and dad to pay her child support. Will that help her case?

Yes, that will help her case, but she definitely needs to consult an attorney ASAP.

 

[xxnatalixx]

My nephews mom just found out she can not keep the baby with her there at the prison after all. She wants me to take care of the baby, I'm sure father will agree as he is in prison as well and will be for about 20 years. She has an attorney, (who just happens to be my x's attorney that has taken me to court a million times), but anyway, can her attorney type something up that mom and dad both sign and submit it to the judge that says I have gaurdianship just until mom gets out when the child is 6 mo. old? What exactly needs to be done? Can they even give me gaurdianship since I'm not related to the child she is currently carrying?

 

[Hisbabygirl77]

My nephews mom just found out she can not keep the baby with her there at the prison after all. She wants me to take care of the baby, I'm sure father will agree as he is in prison as well and will be for about 20 years. She has an attorney, (who just happens to be my x's attorney that has taken me to court a million times), but anyway, can her attorney type something up that mom and dad both sign and submit it to the judge that says I have gaurdianship just until mom gets out when the child is 6 mo. old? What exactly needs to be done? Can they even give me gaurdianship since I'm not related to the child she is currently carrying?

Your not being related should not matter...Is there any other family members who would fight you for guardianship?