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Difference between custody, adoption, and guardianship?

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HelpMyMom84

Junior Member
What is the name of your state (only U.S. law)? Ohio - Hamilton County

Almost a year ago (mid-July 2016), my husband's brother and his wife had their children removed from the home. Mom was pregnant and gave birth in the house with no power and no water, with no one but the other two daughters to help (then, 7 and close to 2). Dad cut the umbilical cord himself and the ambulance was not called, because they were afraid of the baby testing positive for heroin. Mom's mom finds out, calls the police and all of the children are placed with grandma and put on a safety plan. In November, grandma and grandpa decide that the kids are too much for them to handle, so they put the two girls into foster care without telling anyone (besides the county, obviously), but keep the baby. When my husband and I found out, we requested placement.

The girls have been with us since the middle of December. The parents, so far, have done nothing to improve their situation. They are homeless, skip drug screens, and don't work. Our county worker says that if they have made no improvements by November, they will be filing for permanent custody, unless one of us wants to file for custody first.

I am trying to figure out the best course of action for all of us here. Can anyone explain the legal rights of the parents and their right to visitation in cases of custody, guardianship, and adoption? Also, does anyone have any idea as to what kind of assistance the county is willing to give in each case? If we decide to let the state take permanent custody and try to adopt from there, would they be willing to keep the kids split? We are not in a position right now to take on the baby brother, as my husband just won primary custody of his daughter, and we live in a two bedroom house that we are stuck in for the next three years.

If anyone has any insight, I would appreciate it. It's all really complicated, and everyone we talk to (the social worker, etc) seem to have their own agendas.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Ohio - Hamilton County

Almost a year ago (mid-July 2016), my husband's brother and his wife had their children removed from the home. Mom was pregnant and gave birth in the house with no power and no water, with no one but the other two daughters to help (then, 7 and close to 2). Dad cut the umbilical cord himself and the ambulance was not called, because they were afraid of the baby testing positive for heroin. Mom's mom finds out, calls the police and all of the children are placed with grandma and put on a safety plan. In November, grandma and grandpa decide that the kids are too much for them to handle, so they put the two girls into foster care without telling anyone (besides the county, obviously), but keep the baby. When my husband and I found out, we requested placement.

The girls have been with us since the middle of December. The parents, so far, have done nothing to improve their situation. They are homeless, skip drug screens, and don't work. Our county worker says that if they have made no improvements by November, they will be filing for permanent custody, unless one of us wants to file for custody first.

I am trying to figure out the best course of action for all of us here. Can anyone explain the legal rights of the parents and their right to visitation in cases of custody, guardianship, and adoption? Also, does anyone have any idea as to what kind of assistance the county is willing to give in each case? If we decide to let the state take permanent custody and try to adopt from there, would they be willing to keep the kids split? We are not in a position right now to take on the baby brother, as my husband just won primary custody of his daughter, and we live in a two bedroom house that we are stuck in for the next three years.

If anyone has any insight, I would appreciate it. It's all really complicated, and everyone we talk to (the social worker, etc) seem to have their own agendas.
You REALLY need to speak to a local attorney about all of this as your questions are quite complicated and very specific to your local jurisdiction.
 

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