My son is incarcerated and needs to place his 2 children with someone of his choice. In 2012 he was given custody of his children, and the mother was not allowed to see them due to drugs. This has not changed. I keep getting the run around from the county where the children did live. I asked if I could go out to Trumbull county Ohio and file guardianship papers to get the children. They asked who had custody and if there was a custody order. Well yes there was it was given to my son from the Judge in Trumbull Family Court. Now Trumbull county is telling me that the custody order can trump the guardianship that a judge does not like to give guardianship to someone especially if he gave custody to a parent. Is this true and why, this is not in the best interest of the children.This is crazy I have these two children 4 and 5 I can't get them into daycare or any medical treatment because a judge is going to trump a guardianship request. I live in Lake county Ohio, so I thought I could file for guardianship in Lake County OH. The children were in Portage County Oh before I got them, I was told I had to file in Portage county, and then Trumbull is telling me no I need to file in Trumbull because of the custody order. Who the heck is right, no one at any of these courts are giving me a straight answer. I am about ready to go up to Children's service and say you take the kids since no one wants to help me get the correct answer. I work full time and need daycare, If i lose my job then what....and if it is not grandparents guardianship, can the Aunt get guardianship and what document is that. I can't get a straight answer to that either. Each county has their own documents and it is usually grandparents guardianship. the father did agree to all this.
Why don't you go to court for a nonparental child custody order? The order is given because it would be detrimental for the kids to live with parents and in their best interest. You need to see a OH family law attorney and petition for nonparental child custody or guardianship. If the father agrees with your petition and there is an order prohibiting mom from seeing the kids, you should have a better case. You do need to give mom notice which may lengthen the proceedings if you need to publish the notice. Nonparental child custody case is similar but different from guardianship. Nonparental child custody matter should be a bit less expensive than guardianship . See an OH attorney.
This answer does not represent an attorney client relationship nor attorney client privileges
You should try to get custody over the children for this situation. Especially seeing you are the grandmother you have a strong case. We can file a motion for legal custody and an emergency custody for the children. If the mother and father agree they could grant you power of attorney so you could place the children into daycare and take care of them as their guardian. If you want to discuss further, our office is in Lake County and we can set up a time to discuss your options.
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