Q: Parent with non-custodial visitation suffers a mental illness and is declared incompetent/needs a guardian.

A: In Ohio, petitioning the court to terminate a parent's rights is a serious matter and typically reserved for extreme situations. Given the father's mental illness and recent declaration of incompetence, you have valid concerns about your child's safety.

You can petition the court to modify the visitation agreement. This might involve suspending or altering visitation rights rather than terminating parental rights outright. The court will consider the best interests of the child, including their safety and well-being, in making a decision.

It's important to gather all relevant documentation about the father's condition and any instances where his illness may have impacted your child. This evidence will be crucial in court.

Consulting with an attorney experienced in family law is advisable. They can guide you through the legal process and help you understand the implications of your actions. Remember, each case is unique, and legal advice should be tailored to your specific circumstances.

A: I agree with my colleague. When confronting a parent with mental health issues, one needs to gather all the relevant medical and therapeutic information. You should also keep in mind that Ohio law was recently amended to specifically direct courts that having any kind of disability cannot be the sole reason for modifying or limiting parental rights. In this light, I believe it is highly unlikely that a court would terminate parental rights. Ohio courts have uniformly stated that parental rights are paramount, fundamental rights. They can only be terminated when it is absolutely necessary to serve the best interests of the child. While you have alleged serious concerns, you have not stated any actual harm occurring to the child.

You should invest in the time of an attorney who regularly practices family relations law in the county with jurisdiction over this matter. Good luck.