• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

costody of grandchildren

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

foreverinmyrelm

Junior Member
What is the name of your state?What is the name of your state? Ohio

My mother has temporary custody of my neice and nephew, my brother and his girlfriend signed the papers due to the fact that they were on drugs and the state was going to take them. Well they are still on drugs, but they are saying they are going to take the children back, since the 6 months are up. My mother is wanting to get full custody, but was told that the assistance that we recieve will stop and then we will have no way of taking care of them. Is this true? also what is guardianship and if she gets this will they be able to just take the children back? and will the assistance we recieve stay the same?
 


janM

Member
I am in Ohio too.

She should, before the six months are up (was that time frame stated in the papers?) file for permanent custody (if not emergency custody if you can prove drug use) and ask for drug testing on the parents.

I don't think guardianship applies here since they are unmarried and there is a custody case open. Different courts. Either way the parents have to go back to court to try to get them back.

Ask the welfare department if she can get a TANF or OWE grant for the kids, which should be based on their income (which is zero) and not hers. The state may then make the parents reimburse them. I have my grandson living with me without legal custody and I was able to get Medicaid for him the same way (his income but parents don't have to repay).

If she can get perm custody, she should ask for support from the parents. It's possible that if she tried to get benefits, the state would pursue support instead.

She should get a free or low-cost consultation with a family law attorney.

I hope she is successful in protecting the kids.
 

BL

Senior Member
Before the 6 months expire ask for the Emergency Temp. Order be extended .

You could request Guardianship ( the Parents would retain Legal rights ) , but you would have physical Custody and make decisions .

The Parents would the have to file to revoke the Guardianship Order .

They would have to prove they are Fit , just as the Judge would have to believe they are unfit ( you attach the Temp. Custody Order and state they have done nothing to get rehabilitation ).

You then can continue to receive State Aid .

It's up to the State If they want to pursue Child Support from the Parents .

Good Idea is to consult a Family Law Attorney before the Temp. Order runs Out .
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top