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Grandmother suing for custody- Ohiogal please advise if available

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Bhahn75

Junior Member
#1
What is the name of your state (only U.S. law)? Ohio

A year ago I was awarded custody of my gd, who is now 2, due to abuse and neglect of the parents. Up until now the other grandmother and I have gotten along and I have allowed visitation.I told her we were going to seek adoption of my gd, and all he'll broke loose. In the last two months, my gd has become hysterical at the mention of her other grandmother coming to get her for visitation. So, in what I think is the child's best interest, I've not allowed her access to the child. In the original custody case, the GAL stated that it would NOT be in the child's best interest for visitation to occur. It also says that visitation is at my discretion. The other grandmother just served me for custody. She's stating she has more money, her half brother is in her custody, and she doesn't work, so she'll be home full time to care for my gd. Now, she does have more money than me. The half brother has just been adopted by her, so isn't he technically not her brother anymore? Her own son, a minor, is continually in trouble. Does she have a case? Does she have to prove me unfit before the best interest standard can be applied as I'm the legal custodian now, not my daughter or her son?
 


Just Blue

Senior Member
#2
What is the name of your state (only U.S. law)? Ohio

A year ago I was awarded custody of my gd, who is now 2, due to abuse and neglect of the parents. Up until now the other grandmother and I have gotten along and I have allowed visitation.I told her we were going to seek adoption of my gd, and all he'll broke loose. In the last two months, my gd has become hysterical at the mention of her other grandmother coming to get her for visitation. So, in what I think is the child's best interest, I've not allowed her access to the child. In the original custody case, the GAL stated that it would NOT be in the child's best interest for visitation to occur. It also says that visitation is at my discretion. The other grandmother just served me for custody. She's stating she has more money, her half brother is in her custody, and she doesn't work, so she'll be home full time to care for my gd. Now, she does have more money than me. The half brother has just been adopted by her, so isn't he technically not her brother anymore? Her own son, a minor, is continually in trouble. Does she have a case? Does she have to prove me unfit before the best interest standard can be applied as I'm the legal custodian now, not my daughter or her son?
I called OG and let her know about this thread...:)
 

LdiJ

Senior Member
#4
What is the name of your state (only U.S. law)? Ohio

A year ago I was awarded custody of my gd, who is now 2, due to abuse and neglect of the parents. Up until now the other grandmother and I have gotten along and I have allowed visitation.I told her we were going to seek adoption of my gd, and all he'll broke loose. In the last two months, my gd has become hysterical at the mention of her other grandmother coming to get her for visitation. So, in what I think is the child's best interest, I've not allowed her access to the child. In the original custody case, the GAL stated that it would NOT be in the child's best interest for visitation to occur. It also says that visitation is at my discretion. The other grandmother just served me for custody. She's stating she has more money, her half brother is in her custody, and she doesn't work, so she'll be home full time to care for my gd. Now, she does have more money than me. The half brother has just been adopted by her, so isn't he technically not her brother anymore? Her own son, a minor, is continually in trouble. Does she have a case? Does she have to prove me unfit before the best interest standard can be applied as I'm the legal custodian now, not my daughter or her son?
There would have to be a significant change in circumstance in the child's life. Significant enough to warrant disrupting her life to make a custody change. I do not see that happening when you have status quo. Its not about who has more money.
 
#6
What is the name of your state (only U.S. law)? Ohio

A year ago I was awarded custody of my gd, who is now 2, due to abuse and neglect of the parents. Up until now the other grandmother and I have gotten along and I have allowed visitation.I told her we were going to seek adoption of my gd, and all he'll broke loose. In the last two months, my gd has become hysterical at the mention of her other grandmother coming to get her for visitation. So, in what I think is the child's best interest, I've not allowed her access to the child. In the original custody case, the GAL stated that it would NOT be in the child's best interest for visitation to occur. It also says that visitation is at my discretion. The other grandmother just served me for custody. She's stating she has more money, her half brother is in her custody, and she doesn't work, so she'll be home full time to care for my gd. Now, she does have more money than me. The half brother has just been adopted by her, so isn't he technically not her brother anymore? Her own son, a minor, is continually in trouble. Does she have a case? Does she have to prove me unfit before the best interest standard can be applied as I'm the legal custodian now, not my daughter or her son?
Were the parents married? Adoption? Why? If you have legal custody, the parents have to consent to adoption. Why do you believe they would consent? When is the last time the parents have seen the child? You cutting off one half of the family is an issue that the court will not be happy about. Money is not the issue. The fact that this child has a sibling with whom she is being deprived a relationship is an issue. As for the adoption, are you sure the child was adopted? He is still part of her family as is the grandparent.

You have no idea what is causing your grandchild's outbursts. She is two. That could be a normal bonding issue.

LD says custody cannot change. It can quite frankly. Why? Because you have cut off half of the child's family. You are engaging in alienation of a substantial part of the child's family. That could warrant a change in custody as it is a change in circumstance. The fact that you blame the other grandmother for the child's outbursts is ridiculous. You have no evidence. You realize that two year olds have outbursts quite frequently when it comes to transitions? I have seen it in just about every case. You are not in a position to determine grandmother is to blame.

Furthermore, when you received custody if CSB was involved, you were to sign a statement of understanding that outlined the parents' rights. Did you do that? If not, that is an issue. If so, you should realize adoption is NOT going to happen unless both parents consent.
 

Bhahn75

Junior Member
#7
No they were never married. We wanted to adopt so that we know the child will have a stable home and also to get her some benefits from my husband from being in the service.

My daughter has already signed her consent. My attorney contacted her. The father left the state a year ago and hasn't been heard from since. It's been a little over a year since either visited and neither pay support.

I'm aware that it could be transition anxiety. I thought that is what it was at first. My gd has nightmares for days after her visits. The CASA also doesn't think that my gd should be around the other grandparents. She testified in court that it would NOT be good for her. I wasn't making the assumption on my own accord.

I'm trying to understand something. Why was the other grandparents adoption of the brother not considered the same alienation of my gd? The brother has 6 other siblings besides my gd that he will never know. Yet, our proposed adoption would be?

The other grandmother was all for us adopting our gd up until a month ago when my gd was sick and I was injured and visitation didn't happen that month. Yes, the child was adopted, we were at the hearing.

Yes we signed the paperwork from CSB. We were told that after a year of no contact and/or support we MAY not require the parents consent. Was this not correct information?
 
#8
The alienation is not the adoption but not allowing contact with the other side of the family. And in what county is this juvenile court? Did you ask for child support from the parents? If parents were not married any relative has standing for at least visitation suit which would survive adoption.
 

CTU

Meddlesome Priestess
#10
According to OP, the GAL in the original custody-awarded-to-OP case strongly recommended that the GD not have contact with the other grandparent.
And the OP went ahead and ignored that, allowing contact with the other GP.

It undermines OP's argument, in my opinion.
 
#11
According to OP, the GAL in the original custody-awarded-to-OP case strongly recommended that the GD not have contact with the other grandparent.
And yet the grandparents were ALLOWED visitation and not prohibited it by the court. Furthermore there are other relatives on that side of the family in addition to the grandparent.
 
#12
And yet the grandparents were ALLOWED visitation and not prohibited it by the court. Furthermore there are other relatives on that side of the family in addition to the grandparent.
Sorry, maybe I need new glasses or something, but I just can't find where OP says she's denied visitation to anyone but the other grandmother.
 

CTU

Meddlesome Priestess
#14
Okay, I think I can clear this up.

OP does mention a half-brother. Hence other relatives.

And yet the grandparents were ALLOWED visitation and not prohibited it by the court. Furthermore there are other relatives on that side of the family in addition to the grandparent
But look at what OG wrote. She didn't say that there were other relatives who had or had not been allowed visitation. It's a separate statement, indicating that the other grandparent may have valid reasons for filing.

(At least that's how I read it)
 
#15
OP hasn't said anything about other relatives at all...
Are you blind????? She has said the following:
her half brother is in her custody,
The half brother has just been adopted by her, so isn't he technically not her brother anymore? Her own son, a minor, is continually in trouble.
Her own son, a minor, is continually in trouble.
Those are three instances in the FIRST POST. OTHER RELATIVES than the grandmother.

She won't let the grandmother have visits. Those are two other relatives who are minors that are denied visits if grandma doesn't get them. Should we go for more? Okay. I am game.


How many other of grandma's relatives (the other parent's relatives) have been able to see the child SINCE you cut off grandma? Come on now. Let's go there!
 
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