Going from Guardianship to Full Custodial Rights

[Calamity Jame]

I live in the State of Ohio. My own four children are raised. Two years ago I was awarded guardianship of a little boy, 3 yoa, whose mother is a drug addict. This is how she was raised. This woman has three other children. There are two other guardians involved. These children were removed from the home by children services. My petition for guardianship was uncontested as the mother signed, knowing full and well, that I would not release him to her unless she went through rehab, counseling, became self-sufficient, and could provide a stable and nurturing home for him.​

The child's mother has not rehabilitated herself. After leaving rehab before her time was up, her contact with this child was erratic at best, although we offered her everyother weekend and all holidays. After she took me to court for visitation in June,(yes for visitation ) her visitation was reduced and put under supervision because of drug usage, although she claimed to be drug free. She was arrested in June for shoplifting and possession of schedule I narcotic. I have reasonable suspicion which leads me to believe she is selling drugs. She has only made two child support payments, one after her license was suspended. She has not made contact with her child in six months, missing his 5th birthday, all holidays, including Christmas. Although I have done my best to make it happen, the boy is unable to visit with his sisters due to the uncooperative nature of the other two guardians.​

The little boy is very bright, however, he came with an array of psycho-social, behavioral, attachment, and anxiety disorders. We have managed to straighten most of this out over the last two years. Stability is crucial for his recovery. Stability and consistency is not something I think his mother will ever provide. In the best interest of this child, I feel it is best that we move on, where ever we want. I do not think it is in his best interest, at this time, to be involved in a family that clearly has no interest in him and a mother that has continuously rejected him. I don't think it is reasonable to hope for a functional biological family, ever. The mother has not met any of the conditions of our verbal agreement.​

At this point, I would like to obtain full custody of the child so we can move on with our lives, move from this depressed area to one with better schools, more opportunity, and less crime. My own children accept him as family which will suffice until a time that the boy has better boundaries and coping skills. I do not want to severe ties with the bio-fam, however, they have, unfortunately, proven to be uninterested, nonbeneficial to my little ward. It is like our lives have been put on hiatus waiting for the improbable. Is possible to obtain full custody under such circumstances? How do I go about doing this if it is possible?​

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

 

[mistoffolees]

You've already been the guardian, so social services was involved and you are apparently in some kind of foster care program.

What did they say when you asked this question?

 

[Calamity Jame]

You've already been the guardian, so social services was involved and you are apparently in some kind of foster care program.

What did they say when you asked this question?

Thank you very much for responding to my question.

Social services? I am going to guess that is the same as children services. This agency ignored report after report until the agency finally *had* to do something. They turned their backs as soon as the children were placed. I have called to ask questions of them before. I suppose I could ask, but the will advise me that they are not attorneys.

I was not awarded guardianship through a foster care program. I grew up with the mother of the children. I've known her since she was 2. No blood relation, however, all the kids call me "Aunt". She is 29, I am 44. She willingly signed the petition for guardianship and verbally agreed to the conditions of his return. I'd like to move out of state to where my own children and grandchildren are.

I understand that I will be skipping the travel part of my retirement, however, Tennessee is where I have always planned to open my retirement business and it is a much better environment for the little one, who already feels home there.

 

[stealth2]

Are there ANY orders signed by a judge?

ETA - this would likely be more relevant on the Family Law boards.

 

[Calamity Jame]

Are there ANY orders signed by a judge?

ETA - this would likely be more relevant on the Family Law boards.


I was awarded guardianship, by a judge, until the little one is 18. Mom has been ordered to pay child support. I have not received a copy of the visitation order from the hearing last June. I do believe this is because the arrangements we had made in court, at the suggestion of the mother, immediately fell through and I notified the magestrate of that.


Thanks, I'll paste it over there.

 

[mistoffolees]

Are there ANY orders signed by a judge?

ETA - this would likely be more relevant on the Family Law boards.


I was awarded guardianship, by a judge, until the little one is 18. Mom has been ordered to pay child support. I have not received a copy of the visitation order from the hearing last June. I do believe this is because the arrangements we had made in court, at the suggestion of the mother, immediately fell through and I notified the magestrate of that.


Thanks, I'll paste it over there.

If you have been awarded permanent guardianship by a court, then you could file a motion with the same court for custody, but I'm not sure that gains you much. You could also file a motion for permission to move, etc - which might be more along the lines of what you want.

Either way, you'll need to speak with an attorney about filing the motions. Custody issues are generally not something to handle on your own.

 

[Calamity Jame]

Thank you for your assistance. It is much appreciated.

 

[Ohiogal]

What judge awarded you guardianship? Because guardianship is normally a PROBATE term and not a family court term. LEGAL CUSTODY is what is awarded in juvenile and family courts in Ohio.

 

[Calamity Jame]

Judge Payne... Lawrence Co, Juvenile/Probate.... A magestrate has handled the visitation and child support hearings. Nice lady. Bad me, off the top of my head, I cannot remember her name. What is the difference between family court and probate court?

 

[Ohiogal]

Judge Payne... Lawrence Co, Juvenile/Probate.... A magestrate has handled the visitation and child support hearings. Nice lady. Bad me, off the top of my head, I cannot remember her name. What is the difference between family court and probate court?

A lot. Guardianship in Juvenile Court is revokable and for a very limited period of time. Three years is too long for guardianship. Legal Custody is PERMANENT and remains until the child is 18. HOWEVER parents still have all of their rights. (As they do with guardianship.)

In either case, you would have to file a notice of relocation with the courts and serve the parents (both mom and dad).

 

[Calamity Jame]

I am a little confused. The letter of guardianship I have states for the person only and that "those guardianship powers, until revoked, are for a definite period to age 18." The age was typed in when I received the letter.

I think it is important to mention that I do love this child with all my heart and I sincerely do my best to make good decisions for his life. I am 44 years old and I have raised my four children already. Keeping this child until he is 18 has never been a goal of mine. Whether I get to study in Spain next year or get to be a den mother really doesn't matter to me. My dream for him is what he dreams for himself... reunion. Until then, I gave my word to do a job to the best of my ability. I have, and I am. I loved him before this guardianship was granted. I love his mother too. The whole situation is rather gut-wrenching. Still, my duty is not to the mother, myself, or even a court but to a little boy who just want to be loved, be safe, and belong.

ETA: The letter was underlined "age 18".