Legal Question in Family Law in Kansas
My mother currently has permanent custodianship of my granddaughter, after father was declared unfit and mother moved out of state. Both parents gave their permission and still retain parental rights. The court process was finalized in November 2009.
My mother is 82 years old, and having a hard time keeping up with my granddaughter, who is 10 years old.
No arrangements were made by the court in the event that my
mother was no longer able to care for her.
My mother would like to hand over the custodianship to my husband
and me. We do not want to have to go through the courts if we can
avoid it, and especially do not want to have to go through Social
Services.
My mother resides in Kansas.
My husband and I reside in Ohio.
Is there anything that my mother can do to hand over custodianship
to my husband and me?
Thank you for any advice that you can give!
1 Answer from Attorneys
In a legal sense ther may be no way to transfer custodianship without the approval of the court that gve custodainship to your mother. Teh courts in Ohio woudl likely honor the jurisdiction of the Kansas Court that gave the child to your mother. But, in a practical sense, your mother probably has the authority to allow the chidl to live where she feels the child will best prosper. Therefore, your mother may allow your the child to live with you. After some time, or if anything happens to yrou mother, you may be able to Petition the court in Ohi to give you custody. I am not admitted to practice law in Ohio, so you will need to consult an Ohio attorney to see what criteria you would have to meet.
Good luck
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