Q: My sister died in 2013. Her kids had to go live with their dad. My nephew is now 16 and no longer wants to live with
his father.He wants to live with his mom side of the family. We have been to court once and they granted visitation rights. The reason he wants to live with us is because his dad will not follow them and will not allow us to be active in his life. He wants to be emancipated. Is this possible in Ohio? What can we do to help him
A:
You cannot be emancipated in Ohio. It is possible, but difficult, for a non-parent to be granted custody of a minor child. Parents may be denied custody only if a preponderance of the evidence indicates abandonment, contractual relinquishment of custody, total inability to provide care or support, or that the parent is otherwise unsuitable that is, that an award of custody would be detrimental to the child. After a finding of unsuitability, the court conducts a best interest of the child analysis.
If you can establish that the father is an unsuitable parent, you may be able to obtain custody.
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