Q: daughter living w my mom 4years due to me getting ill& nursing home.i have custody.i am out now.can she keep my daught?
are there any steps i need to take to get her back or simply move her in?my mom now has lung cancer metastasized to knee & hip.daughter will be 17 in april.please respond SOON.
A:
In Ohio, whomever has custody of a child has the right to have that child live with them and in fact is legally responsible for their well being and care. If your mother was never granted formal custody, then she likely does not have any legal right to stop you from moving your daughter back in with you. If, however, any court ever granted her custody of any kind (emergency or full) then she may have the right to stop you. Similarly, if you were adjudged to have abandoned your daughter (since you were medically unable to care for her) then it is possible your custody rights were terminated and then your mother could stop you.
I suggest consulting with a family law attorney before taking any actions to ensure you are moving forward appropriately.
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