Hilliard, OH asked in Adoption and Child Custody for Ohio

Q: Mother has been listed as abandonment my husband and I want to get full custody which is currently with grandmother

Husband wants to file for full custody of 10 year old son. His biological mother abandoned him almost 7 years ago and paternal grandmother took custody because father was not financially stable at the time. Need to figure out first steps in getting custody back from grandmother when the mother is not involved

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1 Lawyer Answer
Anthony C. Satariano
Anthony C. Satariano
Answered
  • Divorce Lawyer
  • Xenia, OH
  • Licensed in Ohio

A: In Ohio, typically the court that first decides custody rights of a child retains jurisdiction to decide custody matters involving that child going forward. That means, whatever court granted the grandmother custody is likely the court anything you wish to do will need to be filed in. In Ohio, courts will look for a "change in circumstance" meaning something that is different now than the last time it made a ruling before it will change custody. But, even if there is a "change in circumstance" you would still have to convince the court that changing custody is in the "best interest" of the child. Before filing for custody or taking any other legal steps, I would advise you speak with a family law attorney.

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