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Third part custody (Ohio) Please HELP!

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  • Third part custody (Ohio) Please HELP!

    My fiance and I currently have possession of his 6 year old niece, Her mother gave us permission to take her because she is unfit to take care of her at this point. Her mother is in agreement that we can have custody of her until she has dealt with her legal problems and has completed drug treatment. We live in Ohio and the fee for filing for guardianship is $250 and we are planning on filing in the next couple of weeks when we have the money. Until then I need to be able to enroll her in school and take her to the doctors. What kind of form do I need to get signed and notarized in order to do so. Please Help. Thanks

  • #2
    re: Third part custody (Ohio) Please HELP!

    Originally posted by Unregistered View Post
    My fiance and I currently have possession of his 6 year old niece, Her mother gave us permission to take her because she is unfit to take care of her at this point. Her mother is in agreement that we can have custody of her until she has dealt with her legal problems and has completed drug treatment. We live in Ohio and the fee for filing for guardianship is $250 and we are planning on filing in the next couple of weeks when we have the money. Until then I need to be able to enroll her in school and take her to the doctors. What kind of form do I need to get signed and notarized in order to do so. Please Help. Thanks
    you dont. you are a legal stranger to this child. your fiance is the one who needs to file.

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    • #3
      Re: Third part custody (Ohio) Please HELP!

      We have been together for 6 years, so basically your saying we have to goto the courthouse and get married? My fiance travels for his job about 90% out of the year so I would be solely responsible for school, health, etc. if her mother is willingly giving custody to both of us how can you say I have no rights?

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      • #4
        Re: Third part custody (Ohio) Please HELP!

        Please be advised that this is a public forum, where, obviously, ANYONE can respond.

        If you take advice from a person who has apparent educational deficiencies (unable to properly construct sentences, no proper capitalization of sentences), you are literally taking advice from anyone. The best advice comes from an actual attorney.

        If the mother has allowed you to take legal guardianship of the child, then you can file the appropriate documents in court. If the mother has named you as a party, that is.

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        • #5
          Re: Third part custody (Ohio) Please HELP!

          She has but in my county it normally takes 30 days to get granted guardianship. I am just trying to figure out if there are any caregiver forms or anything of the sort that she can sign so I can temporarily get her in school as well as take her to see a physician. I can't with good concience keep her out of school for that length of time. She is also suffering from ear aches and I have been doing my best to treat the ear aches with non percription medicine but I need to get her in to see a physician. If I could afford an attorney I would get one but when her mother dropped her off she had no clothes or shoes, just a pair of sandals (its winter) and the clothes on her back. So I had to go buy her all new clothes and shoes as well as a bed and bedding and some toys. Thank you for your response

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          • #6
            Re: Third part custody (Ohio) Please HELP!

            The moderators/forum administrators on this forum lack responsibility.

            Talk to a real attorney. It's pretty obvious that ANYONE can post a reply here, and forum administrators are okay with it.

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            • #7
              Re: Third part custody (Ohio) Please HELP!

              Originally posted by Unregistered View Post
              you dont. you are a legal stranger to this child. your fiance is the one who needs to file.

              what is your deal??? do you really need to reiterate the same thing over and over? get a hobby

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              • #8
                Re: Third part custody (Ohio) Please HELP!

                What is YOUR deal? You have been given a modicum of legal advice and yet you choose to quote and respond to a reply from an author who clearly has not even on iota of legal advice to give, who cannot even muster up a coherent response, who has not, apparently, graduated from elementary school where capitalization and proper sentence structuring is taught.

                Take the advice you have been given and stop honing in on those authors who have absolutely nothing of substance to add. That poster you have chosen to respond to has OBVIOUS issues of her own to deal with and makes it known with every post.

                I do agree that the forum moderators need to be more responsible in controlling the "advice" that is given here.

                Comment


                • #9
                  Re: Third part custody (Ohio) Please HELP!

                  I love how I am asking for advice and what I get is nothing but rude bickering people. I am asking because I cannot afford a lawyer at this particular time, this time last year would have been no problem but my business has been suffering as of late. I have an obvious problem becuase I am trying to help a child have a better life and at this point in time no one is willing to give me sound advice. I mean it does not seem like a hard question, Are there any forms such as some kind of caretaker affidavit that I can have the natural mother sign so I can at the very least get her enrolled in school and get her to see a physician. If I knew so much about the law why would I be asking on a forum. Think about it people.

                  Comment


                  • #10
                    Re: Third part custody (Ohio) Please HELP!

                    "[red]If the mother has allowed you to take legal guardianship of the child, then you can file the appropriate documents in court. If the mother has named you as a party, that is.[/red]"

                    It's unclear why you are claiming nobody has given you any advice and that all there is is bickering.

                    While that may be true, you were given at least a modicum of advice.

                    Comment


                    • #11
                      Re: Third part custody (Ohio) Please HELP!

                      I wasn't asking about guardiaship, I know I have to file the guardianship papers, but in my county it takes about 30 days to get approved by a judge and it costs $250. I was asking if there is anything I can have the mother temporarily sign in order to enroll her in school/take her to see a physician. nevermind if I could delete this post I would.

                      Comment


                      • #12
                        Re: Third part custody (Ohio) Please HELP!

                        First things first. There is nothing you have to do in this matter. You cannot file any paperwork, and you cannot get the mother to sign anything on your behalf. You need to understand that you have absolutely nothing to do with this matter.

                        That said, this is for your fiance to read. This question was never asked. Does the mother have sole custody but allowed the child to live with you (the father) without the benefit of a court ordered custody arrangement?

                        Were your (the father) parental rights ever legal established?

                        If yes to these questions, you (the father) don't need written permission from the mom to enroll her in school. You (the father) would have that authority.

                        If the answer to these questions is no, then the best way to handle this situation is for you (the father) to go to court and A. establish paternal rights (if that has not already taken place), and B. Get, at the very least, temporary custody of the child.

                        The reason for this is because if the mother simply dropped her off with you (the father), the child is not in the custody of anyone with any legal authority whatsoever, and as a result, if the mother ever decided to make waves, she could have you both (you and your fiancee) charged with kidnapping. It's best to get legal custody established. This is a matter for the you (the father) to handle, not your fiancee. Her involvement will only make a bad situation worse.

                        As it stands right now, if the mother has sole custody and nobody else, this child will either end up in foster care, or one of her own relatives will be able to petition custody of the child, and there is no enrolling her in school or taking her to a physician, as there is nobody with any legal authority to admit her.

                        Comment


                        • #13
                          Re: Third part custody (Ohio) Please HELP!

                          wrong wrong wrong.....You haven't even fully read anything obviously. My fiance is not the father on the child. The child is his sisters daughter, his sister is a drug adict and has been charged with drug trafficing and is facing up to 5 years in prison. The father of the child is not in the picture at all. She dropped her off over here because she know she cannot take care of the child anymore. I found out today that just because I am not related does not mean I cannot get guardianship of the child. I got the appropraite papers today and filed a intent to gain custody through the school board which allows me to enroll her in school. I also got a form called a caretakers affidavit signed by the mother today which allows me to take her to the doctors. So all in all you have all been giving the wrong advice and I was able to get the information on my own. Most everyone who has responded has either A. not read the question I was asking and answered something I already knew the answer to, or B. given totally false answers. please delete this post it has been resolved without any sort of help from this forum.

                          Comment


                          • #14
                            Re: Third part custody (Ohio) Please HELP!

                            You cannot "gain custody" through a school board. You would have to utilize family court in order to do that. The brother would have a better chance at obtain guardianship than you, as you are not related to the child.

                            I'm sorry that the answers you are being given don't coincide with that you want, but legality is legality.

                            Nobody can delete your posts except you, or the forum administrator(s). Sorry.

                            Comment


                            • #15
                              Re: Third part custody (Ohio) Please HELP!

                              [ I got the appropraite papers today and filed a intent to gain custody through the school board which allows me to enroll her in school.]


                              What the heck does that mean??? Makes no sense.

                              Comment

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