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!
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.