If he were 18 now, it wouldn't matter. Until then, technically it does matter. But then again, it is not clear that a legal guardianship occurred when he moved into your home, or did it? Custody and guardianship rights and obligations cases are very dependent on the law in each state and the way each county judge (including Montgomery County, Ohio) may approach your particular case. Perhaps no other area of law is so peculiarly local as this is. Because of that, you really should talk to a local attorney to find out what your rights are, what the law says, what the local judge's approach may be, and what you can and can not do in your situation. This is also the one area of law where a decision made today can have very long-term consequences so it is important that you have your side heard and considered. You need to talk to a local Custody Law attorney who deals with your kind of case on a regular basis in your local court. You can search the Avvo website list of attorneys under the Find a Lawyer tab, or call your local attorney's Bar Association and ask for a referral to a Custody Law or Domestic Relations attorney near you. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com
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It all depends on whether you actually became his legal guardian or not. If you did not file papers before he can go back to his father unless court papers would say otherwise. If you did file for legal guardianship or sign a temporary guardianship agreement then you need to file the same thing again or get an attorney to draft a termination agreement if it didn't go through court but a temporary guardianship was entered. Good luck.
Dayton Area Attorney
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