Q: My mother has legal custody of my nine year old son who was diagnosed with cystic fibrosis at birth
I am wanting to get custody of my son back because I signed the custody paperwork with the understanding that the custody would be temporary custody and I was tricked into giving my mom full permanent custody. She told me that Franklin county, Ohio does not do temporary custody so I was told I needed to sign the paperwork and I would be able to get my son (Liam) back and now I am unable to do that. Liam is not in a good place nor is he being treated the way he should be treated. My Mom's husband, "Jim" is an addict and keeps all of his narcotics in the house (fentanyl patches, Percocets, Valium, Norco, etc). My mom and Jim both do nothing to scream at him for the littlest things and then 3 seconds later they are talking in a really soft voice and it's giving mixed signals. There are other issues as well that we can discuss later. I am engaged, living with my fiance and his daughter and I am wanting to get my son back home with me. He has made it very clear that he's extremely miserable
A: You will need to hire an attorney who practices family law in Franklin County. You will need to file a motion to modify custody. It will be crucial that you show that there is a change in circumstance regarding either child or the current guardian. Once you cross that threshold the analysis will turn to weather the changes in the best interests of the child as defined under ohio law.
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.
