Canal Winchester, OH asked in Adoption, Child Custody and Probate for Ohio

Q: How do I know who has custody of a minor child in Ohio

My husband and I have had full custody of his 13 year old son for over 10 years now. Mom has since had another child who is now 6 years old which custody was given to her mother who has since passed away. The child is now back in her mothers care but need to know how to help grandma/ myself get custody as we are wanting this baby girl to be safe and out of harms way. The justice system has failed this little girl already and to see it happen again and again is now taking a toll of her brother and our whole family as together we have 3 boys that all look at this little girl as their sister as well. I want her safe ASAP! Mom is on probation, as she was involved with a human trafficking ring here in Franklin county Ohio and currently has a warrant for an unpaid tag violation($46) which dealing with her for over 13 years now that is our first indication she is using again. I have a 13 year old big brother who is ready to be a kid and not have to worry about the safety of his sister. Help!

1 Lawyer Answer
Nicholas P. Weiss
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  • Divorce Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: If the child is not going to be placed with child services because of the mother's drug use, then you or the grandmother can file a private custody action in Juvenile court. You or her will need to prove 1) that the mother is unfit and 2) that putting the child in the care of a non-parent is in the minor child's best interest.

This is a very high bar to clear for natural parents to lose custody rights to their children.

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