Legal Question in Family Law in Ohio
Getting custody of a grandchild
I have a sister with 2 kids one who is 20 and has been living with my mother(his grandma)since the age of 16,the other who is 7 and lives with my sister and his father.They both have hepititus c and use every drug in the book(every drug) they have pretty much pawned everything they had worth value including my nephews video games, ect..They are so sick all of the time, mostly from coming down off of drugs that they cant take care of my nephew. He is left to fend for himself and rarely makes it to school.They live in a very poor neighborhood where you can pretty much get drugs or whatever you want on any corner. When they arent sick they are out stealing,scaming, or whatever else they have to do to get there drugs. Most of the time my nephew is left at his other grandmas which is pretty much the same environment or right along with them on there drug search. My mom has been in contact with his school and there was a hearing set up because of his abcences but my mom was never able to find out the outcome. The school did tell my mom that my nephew was very with drawn and that they suspected some kind of abuse inside the home. My mom doesnt have a ton of money and child services wont investigate, what can my mom do to get him?
2 Answers from Attorneys
Re: Getting custody of a grandchild
Try to get a guardianship based on custody, if she will allow the child to live with you. You need the guardianship to take care of the child, so that she doesn't have to worry about it.
I've mediated cases involving drugs as well as insanity, --it's hard, but not impossible. The key is to do whatever you need to do to provide for the safety of the child. You might be surprised,--she might agree if you talk honestly about it and without making her into a demon. Sisters are funny like that.
If sister is more interested in drugs than her child, use that as a positive opportunity, because chances are you might not have to fight too hard to get him. Then, just make sure you get the paperwork straightened out. If you are out of state, this is even more important.
THEN, get that child into constructive programs that will help him feel good about himself, if you can't afford therapy. He's at a vulnerable age, but still young enough that with a LOT of attention and love, he might make it.
Re: Getting custody of a grandchild
Your mother, or you for that matter, can have a kinship care affidavit or power of attorney prepared that would allow the person the authority to care for the child, meaning that the person could speak to school officials, sign for counseling services that the school district offers, speak to the child's doctors, etc. The parent(s) would have to sign off on this. This is a start at least.
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