Who gets custody of my niece after death of sole custodial parent?

[YOLO]

What part of "He is the father" don't you understand?

I understand what had been stated quite well. I was just trying my best to answer a question that has been asked of me.

 

[Ohiogal]

I understand what had been stated quite well. I was just trying my best to answer a question that has been asked of me.

So have you called dad yet and offered to bring him his daughter so that they can meet and get to know one another? Or have you done nothing regarding the child's father but going to have him served?

 

[YOLO]

It is obvious that the consensus of this community is that we absolutely did not do the right thing. Frankly, phrases like "possibly a felony" scare the *expletive* out of me. What steps do we need to take over the days to come to mitigate the damage that we have already caused?

 

[LdiJ]

It is obvious that the consensus of this community is that we absolutely did not do the right thing. Frankly, phrases like "possibly a felony" scare the *expletive* out of me. What steps do we need to take over the days to come to mitigate the damage that we have already caused?

Get a consult with a local attorney and do not do ANYTHING that the attorney does not advise you to do. Ignore any suggestion that has been made on this thread until you talk to a local attorney.

 

[Zigner]

It is obvious that the consensus of this community is that we absolutely did not do the right thing. Frankly, phrases like "possibly a felony" scare the *expletive* out of me. What steps do we need to take over the days to come to mitigate the damage that we have already caused?

Communicate with dad. If you frame it as simply helping out, and if you work with dad to achieve his goals, you'll probably be all right.

I'm curious - did you have an attorney giving you advice at any point?

 

[Zigner]

Get a consult with a local attorney and do not do ANYTHING that the attorney does not advise you to do. Ignore any suggestion that has been made on this thread until you talk to a local attorney.

I don't know why you're so stubborn on this. In essence, it's your suggestion that these legal strangers should continue to withhold the child from her father, thus violating the LAW in Ohio. Why is that? Is there any danger to the child by being with her father? No, of course there isn't, or it would have been mentioned.

I really didn't expect this from you.


ETA: The OP will want to consult with an OHIO attorney, one of which (interestingly enough) has already commented on this matter.

 

[LdiJ]

I don't know why you're so stubborn on this. In essence, it's your suggestion that these legal strangers should continue to withhold the child from her father, thus violating the LAW in Ohio. Why is that? Is there any danger to the child by being with her father? No, of course there isn't, or it would have been mentioned.

I really didn't expect this from you.


ETA: The OP will want to consult with an OHIO attorney, one of which (interestingly enough) has already commented on this matter.

Actually no. I advised a consult with a local attorney because if you and OG are correct, and there are possible criminal ramifications, then they should not take any steps at all without a consult with an attorney.

 

[Zigner]

Actually no. I advised a consult with a local attorney because if you and OG are correct, and there are possible criminal ramifications, then they should not take any steps at all without a consult with an attorney.

I understand, and that's fair enough - so long as the OP understands the need to communicate with an Ohio attorney about this matter.

Also, I'd like to point out that it's my personal feeling that the likelihood of any criminal charges being brought if the OP cooperates with dad is very very low.

 

[PayrollHRGuy]

It is obvious that the consensus of this community is that we absolutely did not do the right thing. Frankly, phrases like "possibly a felony" scare the *expletive* out of me. What steps do we need to take over the days to come to mitigate the damage that we have already caused?

Contact the father and ask him how he would like it handled. Anything from he will come get the child to you taking the child to his home in Arkansas. During the conversation(s), after you have hopefully chilled him down some you might suggest that you spend some time there to help the transition go smoother. He doesn't want it don't get into an argument about it. I personally would have a hotel room close to his home that you could stay in for a few days just in case he changes his mind and says you and your wife should keep the child.

I would also make sure I have cash for bail and the phone number for a good lawyer just in in case he has reported the "illegal" activity and the Arkansas police know about it.

 

[Zigner]

I would also make sure I have cash for bail and the phone number for a good lawyer just in in case he has reported the "illegal" activity and the Arkansas police know about it.

Arkansas wouldn't care...it's an Ohio matter.

 

[LdiJ]

I understand, and that's fair enough - so long as the OP understands the need to communicate with an Ohio attorney about this matter.

Also, I'd like to point out that it's my personal feeling that the likelihood of any criminal charges being brought if the OP cooperates with dad is very very low.

I think that he should talk to a local one first. Neither of the parties live in Ohio. It certainly would not be a convenient jurisdiction for anybody. The local attorney they consult can advise further on that issue.

 

[PayrollHRGuy]

Arkansas would care if there is a criminal warrant for the aunt and uncle out for kidnapping and may care even about the lesser misdemeanor.

If it is the former the FBI may show up at the OPs house today.

 

[Zigner]

I think that he should talk to a local one first. Neither of the parties live in Ohio. It certainly would not be a convenient jurisdiction for anybody. The local attorney they consult can advise further on that issue.

Arizona doesn't have any jurisdiction at this point.

 

[YOLO]

I'm curious - did you have an attorney giving you advice at any point?

Yes, before we picked up the my niece from Ohio, we consulted with an attorney who works for a state agency that provides legal aid for child advocacy. My wife was given the contact info of the office through a professional acquaintance. She was the one that advised us to file for guardianship in AZ and have my niece's father served with the paperwork. She provided guidance on what paperwork we needed to file, and where to file. However our income is too high to make full use of the services of the office she works for.

 

[LdiJ]

Arizona doesn't have any jurisdiction at this point.

Maybe...but talking to a local attorney, particularly if there is the possibility of criminal issues is the wise thing to do at this point.
If the local attorney feels like an Ohio, or Arkansas attorney needs to be involved, they will say so.