Father Establishing Guardianship

[mcwjjm]

What is the name of your state? Ohio. Basically what steps are required to establish guardianship of my son. The mother and I were never married and I didn't sign paternity papers at the hospital. Child support was established but I never followed up with establishing visitiation/guardianship through my attorney. Is this something I can do myself? TIA.

 

[LdiJ]

What is the name of your state? Ohio. Basically what steps are required to establish guardianship of my son. The mother and I were never married and I didn't sign paternity papers at the hospital. Child support was established but I never followed up with establishing visitiation/guardianship through my attorney. Is this something I can do myself? TIA.

You wouldn't establish guardianship. That is for third parties and you are not a third party. What you want to establish is some form of joint legal custody (joint decision making) and/or shared parenting, and a specific parenting schedule.

How old is your child? Do you have an established relationship?

 

[mcwjjm]

The new school my son is attending is giving me grief about "guardianship". They have the amended birth certificate but say that untill I establish guardianship that I have no rights to communicate with this teacher about my son. Even though I pick him up from school and I'm the one they contact when they can't reach his mother [which is often]. They require a letter from his mother every other weekend I pick him up from school.

 

[moburkes]

Tell the person who is giving you grief to provide the law that states that you do not have the right to inquire about your child.

 

[BelizeBreeze]

The new school my son is attending is giving me grief about "guardianship". They have the amended birth certificate but say that untill I establish guardianship that I have no rights to communicate with this teacher about my son. Even though I pick him up from school and I'm the one they contact when they can't reach his mother [which is often]. They require a letter from his mother every other weekend I pick him up from school.

And that is because you have no legal rights at the present time. As you were told, you need to file for custody/visitation and once you are awarded custody you take a copy of the court order into the school and have them put it on file.

 

[BL]

And that is because you have no legal rights at the present time. As you were told, you need to file for custody/visitation and once you are awarded custody you take a copy of the court order into the school and have them put it on file.

Child support was established

Try giving the school a copy of that Order and request info , especially if it refers to you as the NCP , and look up FERPA , and refer to it .

 

[Ohiogal]

The new school my son is attending is giving me grief about "guardianship". They have the amended birth certificate but say that untill I establish guardianship that I have no rights to communicate with this teacher about my son. Even though I pick him up from school and I'm the one they contact when they can't reach his mother [which is often]. They require a letter from his mother every other weekend I pick him up from school.

They will require permission to pick the child up from mom because you do not have legal custody. As for records, they can't deny you that access -- you also have the right to talk to the teacher.
Then tell the school they are in violation of state law and that as a parent you are entitled UNLESS THERE ARE RESTRAINING ORDERS PROHIBITING IT OF WHICH THEY HAVE BEEN PRESENTED A COPY AND CAN SHOW YOU to all the information and access that mom has. If they do not allow this then you can pursue contempt charges against the school district.
ORC 3109.051 H) (1) Subject to section 3125.16 and division (F) of section 3319.321 [3319.32.1] of the Revised Code, a parent of a child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is provided to the residential parent, to any record that is related to the child and to which the residential parent of the child legally is provided access, unless the court determines that it would not be in the best interest of the child for the parent who is not the residential parent to have access to the records under those same terms and conditions. If the court determines that the parent of a child who is not the residential parent should not have access to records related to the child under the same terms and conditions as provided for the residential parent, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to those records, shall enter its written findings of facts and opinion in the journal, and shall issue an order containing the terms and conditions to both the residential parent and the parent of the child who is not the residential parent. The court shall include in every order issued pursuant to this division notice that any keeper of a record who knowingly fails to comply with the order or division (H) of this section is in contempt of court.

(2) Subject to section 3125.16 and division (F) of section 3319.321 [3319.32.1] of the Revised Code, subsequent to the issuance of an order under division (H)(1) of this section, the keeper of any record that is related to a particular child and to which the residential parent legally is provided access shall permit the parent of the child who is not the residential parent to have access to the record under the same terms and conditions under which access is provided to the residential parent, unless the residential parent has presented the keeper of the record with a copy of an order issued under division (H)(1) of this section that limits the terms and conditions under which the parent who is not the residential parent is to have access to records pertaining to the child and the order pertains to the record in question. If the residential parent presents the keeper of the record with a copy of that type of order, the keeper of the record shall permit the parent who is not the residential parent to have access to the record only in accordance with the most recent order that has been issued pursuant to division (H)(1) of this section and presented to the keeper by the residential parent or the parent who is not the residential parent. Any keeper of any record who knowingly fails to comply with division (H) of this section or with any order issued pursuant to division (H)(1) of this section is in contempt of court.

(3) The prosecuting attorney of any county may file a complaint with the court of common pleas of that county requesting the court to issue a protective order preventing the disclosure pursuant to division (H)(1) or (2) of this section of any confidential law enforcement investigatory record. The court shall schedule a hearing on the motion and give notice of the date, time, and location of the hearing to all parties.

 

[Ohiogal]

And that is because you have no legal rights at the present time. As you were told, you need to file for custody/visitation and once you are awarded custody you take a copy of the court order into the school and have them put it on file.

Belize you are not correct in this instance. Because he is the legal parent he does not need custody or visitation to have access. He is paying child support and has been found to be the legal father. As such state law (which I quoted above) mandates that unless there is a restraining order against him, the school must provide him the same access as mom has to school records and information.

 

[mcwjjm]

I appreciate everyone's input. Yes, there is a court order for support. No, I do not have custody as visitation rights were never established through the court. The mother and I have worked that out without mediation. In fact, recently she inquired about me taking legal custody of him.

There is no restraining order against me, so therefore I should have the same rights as the mother. I'll contact the the secretary and see if the court order will satisfy their requirements. I'm assuming the court order for support is all the proof I need to show for parent rights/guardianship in this case or further cases on this matter?

 

[BL]

I appreciate everyone's input. Yes, there is a court order for support. No, I do not have custody as visitation rights were never established through the court. The mother and I have worked that out without mediation. In fact, recently she inquired about me taking legal custody of him.

There is no restraining order against me, so therefore I should have the same rights as the mother. I'll contact the the secretary and see if the court order will satisfy their requirements. I'm assuming the court order for support is all the proof I need to show for parent rights/guardianship in this case or further cases on this matter?

What you do IS send the secretary ( school administrative Office ) a copy of your child support order , along with a letter stating you have been established as the Legal Parent of ( name Child ) and are entitled to any and all records sent to the custodial parent , and review upon request of the records , and have NOT been bared by any court order , under the FERPA Laws . To Please respond Immediately in writing . I appreciate your involvement . Signed , name address , and phone # .
CC: Copy records

Federal trumps State BTW .

 

[BelizeBreeze]

Belize you are not correct in this instance. Because he is the legal parent he does not need custody or visitation to have access. He is paying child support and has been found to be the legal father. As such state law (which I quoted above) mandates that unless there is a restraining order against him, the school must provide him the same access as mom has to school records and information.

I wasn't talking about acess to records and information. He stated he picks up the child and THAT the school does NOT have to provide him.

 

[LdiJ]

I appreciate everyone's input. Yes, there is a court order for support. No, I do not have custody as visitation rights were never established through the court. The mother and I have worked that out without mediation. In fact, recently she inquired about me taking legal custody of him.

There is no restraining order against me, so therefore I should have the same rights as the mother. I'll contact the the secretary and see if the court order will satisfy their requirements. I'm assuming the court order for support is all the proof I need to show for parent rights/guardianship in this case or further cases on this matter?

That will help you with the records and talking to the teacher, it won't help you as far as picking the child up is concerned.

 

[BL]

That will help you with the records and talking to the teacher, it won't help you as far as picking the child up is concerned.

Wow !! a Whole 8 minutes to get a score in .

Tell us why you had to do that ?

 

[BelizeBreeze]

I wasn't talking about acess to records and information. He stated he picks up the child and THAT the school does NOT have to provide him.

Just wanted to clarify. The fact that the school is required by statute to divulge information is inmaterial to the discussion. They are a third-party to the custody/parentage qustion and therefore, without a court order granting the poster parental rights, there is no legal obligation, save the custodial parent, for releasing the child to anyone.

our poster has been named the legal father. He has NOT been given legal rights which must be recognized by any third-party entity save what is detailed in the posted statute.

To alleviate this problem in the future, there needs to be a custody/visitation order issued. And even then, without clear wording in the order regarding the times and dates of custody, the school is not required to release the child.

For example, if the poster obtains custody/visitation which says Dec. 8th from 3 p.m. to Sunday at 6 p.m. that is sufficient to exercise his legal rights to the child and to hold a third-party responsible for their actions.

If, however, the order only states (EOW), then the school, as the third-party, is not responsible for releasing the child as the EOW is vague without parameters and the school cannot be held liable for it's 'interpretation' of the order.

 

[Ohiogal]

I wasn't talking about acess to records and information. He stated he picks up the child and THAT the school does NOT have to provide him.

Sorry. I believed you were talking about access to records and such -- as for picking the child up -- no the school does NOT have to provide him with that. I did clarify that in my first posting before responding to you (I stated that for records they had to and quoted the appropriate statute but also stated that for pickups they would need mom's permission at this point.)