about my nephew

[xxnatalixx]

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

No, everyone wants me to have the baby. Her mom said she would take him ONLY if I was not allowed to. She is my neighbor and would rather I have the baby since she works a lot.

 

[xxnatalixx]

I still have to make sure dad is ok with it, but as far as I know so far, he is.

 

[Ohiogal]

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.

It cannot be done that way -- not in Ohio. You are wrong.

MOM can NOT give a third party custody and have the court just sign off on it. DAD would have to be involved either by agreeing or by a hearing being held and dad being served. Even if paternity was NOT established, dad would have to be served by posting or publication.

Grandma may have been guardianship for a year but NOT custody.

 

[Ohiogal]

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

Wrong. Guardianship in Ohio is written for GRANDPARENTS per statute and not other legal strangers. Other legal strangers could get EMERGENCY TEMPORARY CUSTODY or TEMPORARY CUSTODY. Temporary custody will NOT require a substantial change in circumstance in the life of the child but change in circumstance in any of the parties involved.

 

[Hisbabygirl77]

Wrong. Guardianship in Ohio is written for GRANDPARENTS per statute and not other legal strangers. Other legal strangers could get EMERGENCY TEMPORARY CUSTODY or TEMPORARY CUSTODY. Temporary custody will NOT require a substantial change in circumstance in the life of the child but change in circumstance in any of the parties involved.

Good to know thank you.

 

[xxnatalixx]

Wrong. Guardianship in Ohio is written for GRANDPARENTS per statute and not other legal strangers. Other legal strangers could get EMERGENCY TEMPORARY CUSTODY or TEMPORARY CUSTODY. Temporary custody will NOT require a substantial change in circumstance in the life of the child but change in circumstance in any of the parties involved.

So how would I get temp custody? Will the baby have to go to foster care until it a hearing? Or, if it's emergency, maybe it can happen while the baby is still in the hospital. The baby is due in May, but may come early because mom's cervix is very thin due to a history of cervical cancer. I just realized, her lawyer might not handle this since she was just appointed to handle mom's criminal case. What needs to be done? Oh, and I don't care if it doesn't require a change in circumstances, he's not my baby and I plan on handing him over to mom when she is released.

 

[LdiJ]

So how would I get temp custody? Will the baby have to go to foster care until it a hearing? Or, if it's emergency, maybe it can happen while the baby is still in the hospital. The baby is due in May, but may come early because mom's cervix is very thin due to a history of cervical cancer. I just realized, her lawyer might not handle this since she was just appointed to handle mom's criminal case. What needs to be done? Oh, and I don't care if it doesn't require a change in circumstances, he's not my baby and I plan on handing him over to mom when she is released.

If you get paperwork ready to go, with signatures and everything, and have an attorney in place to immediately file it with the courts as soon as the baby is born, you might be able to take the baby home with you from the hospital.

 

[xxnatalixx]

If you get paperwork ready to go, with signatures and everything, and have an attorney in place to immediately file it with the courts as soon as the baby is born, you might be able to take the baby home with you from the hospital.

That would be great. I know mom did something wrong, but I feel so horrible for her to have to be without her baby, and I'm sure it would be much worse for her if he went home with strangers.

 

[Ohiogal]

So how would I get temp custody? Will the baby have to go to foster care until it a hearing? Or, if it's emergency, maybe it can happen while the baby is still in the hospital. The baby is due in May, but may come early because mom's cervix is very thin due to a history of cervical cancer. I just realized, her lawyer might not handle this since she was just appointed to handle mom's criminal case. What needs to be done? Oh, and I don't care if it doesn't require a change in circumstances, he's not my baby and I plan on handing him over to mom when she is released.

MOM can give you permission to take the child home. She can give you power of attorney temporarily for the care of the child. YOu can then file in juvenile court for temporary custody based on the power of attorney then serve both dad and mom.

 

[xxnatalixx]

MOM can give you permission to take the child home. She can give you power of attorney temporarily for the care of the child. YOu can then file in juvenile court for temporary custody based on the power of attorney then serve both dad and mom.

Would I even need temp custody then or would a POA be enough since I'll only have him for 6 mo.? I want to be able to take him to the docs and sign him up for medicaid.

 

[Ohiogal]

Would I even need temp custody then or would a POA be enough since I'll only have him for 6 mo.? I want to be able to take him to the docs and sign him up for medicaid.

Get temp custody as soon as you can. The POA shows that mom is intending you to make decisions for the child and it can even reference that it is good until you are granted TEMPORARY CUSTODY or mom revokes it -- whichever comes first. You need to have custody for that amount of time in case something happens.

 

[xxnatalixx]

Do I file in my county or where mom is in prison?