How do you obtain legal guardianship of someone else's child?

Asked about 1 year ago - Pickerington, OH

I am very unhappy in my home and am constantly sick from all the stress I go through at home. When I go to visit my friend, I am fine and have no migraines or stomach problems, but when I'm at home I'm always sick. My mother is trying to force me into moving in with her new boyfriend and I'm very unhappy with this situation. My father is out of the picture because he wants nothing to do with me. My best friend's mom and dad are more than willing to take care of me and providing a home and safe environment for me until I am an adult. The only problems is that we may not be able to convince my mom into allowing this, so we thought about going through the courts in hopes that this would be "in the best interest for the child."

Attorney answers (2)

  1. Stephen Kinnear Shaw

    Contributor Level 8

    Answered . You definitely need to contact a local attorney. If you are 16 or over, your wishes will have a lot of sway with the Court, however, you have a high burden to overcome since it is presumed your mother is your best guardian. However, that being said, if she has neglected you, is moving in with a boyfriend and is otherwise unfit as a parent, then there is potential. One of your biggest hurdles may be the cost involved. I'm sorry you are going through such a tough time.

    This information is not legal advice. It is for general knowledge purposes only and cannot be relied on as legal... more
  2. Heather Morcroft

    Contributor Level 20

    Answered . Your friends parents would have to contact a family law attorney in Ohio and discuss the possibilities. Generally, if your mother objects, you would have to show that what was going on in your home rose to the level of abuse, abandonment or neglect.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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