Legal Question in Family Law in Ohio

can you get custody of a child you are raising, but not related to?

I have been raising a friends child since he was about 1 month old and the child is now 2 1/2. the mother is in and out of the childs life, but does not come around often. i couldnt love the child more if he were my own, and i financially, emotionally and physically support the child. There are so many things i want to do with the child such as put the child in preschool that i am not able to do without custody and also have the concern that should she choose she can come and take him from me at anytime. If she permanately took the child from my home, it would not only be devasting to me, but it would emotionally destroy the child. i want to know if there is any way to get guardianship or custody of this wonderful little child that has been left in my care. I would greatly appreciate any advice.


Asked on 2/21/00, 10:09 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: can you get custody of a child you are raising, but not related to?

You have three options. One is to call children's protective and have the child declared dependent by the Juvenile Court and placed in your custody. That is the cheapest, but doesn't have a guaranteed result because in that case the state gets legal custody and the right to determine where the child is placed.

You could file a petition yourself in Juvenile Court to get custody on the basis that the mother is unfit. Depending on court fees and such, this may be the most expensive option. Plus the mother may not consent to being declared unfit.

Probate Court is probably the best option if the mother is agreeable and will consent to the placement. It's generally the cheapest and quickest. But that's true only if the parent consents (and in all cases, the father has to be served with copies of the filings). Depending on your situation, you may have to get a lawyer. In Hamilton County at least, the court clerks are usually helpful in advising people of what forms they need, but you may need beyond that.

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Answered on 2/26/00, 8:34 pm


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