Legal Question in Family Law in Ohio

Child Custody/Death of Unmarried Mother

RE: Ohio Law My sister died in CA in July. Her 12 yr old son has been living with me since. His father lives in Texas with his wife & family. He pays support, but was never married to my sister. We agree that my nephew will live with me.

I recently moved from CA to OH. I sent forms to the father to have POA given to the grandparent. I need help filing for legal custody.

Does legal custody default to the unmarried father upon the mother's death?

Is there anything other than POA/Grandparent that will allow me to enroll my nephew in Ohio schools & make emergency health decisions temporarily?

Do I need an attn to file for legal custody. I do not believe the father will contest.

It is not an option for my nephew to live with his father or grandparents, however, I am the caregiver of my mother who is living with me. I'm hoping temp POA can be assigned to her so we can enroll my nephew in school ASAP.

Thank you in advance for any advise you can provide.


Asked on 4/02/07, 11:31 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Child Custody/Death of Unmarried Mother

The kinship care affidavit or POA does not necessarily have to involve a grandparent. It can be a person, preferably a relative, who has a strong bond with the child. I suggest the document reference you and not the grandparent, that the father sign over care to you, and that he fax it to you. Use the faxed form until the original arrives in the mail. I would seek the help of an attorney for your long range planning at least (custody, etc.) or to get a clear understanding of how best to proceed.

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Answered on 4/02/07, 4:50 pm


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