Legal Question in Family Law in Ohio

Custody

My sister is going to be incarcerated and would like to grant me custody of her child in the time she is gone, how do we go about taking care of this process? What forms are required?


Asked on 5/23/08, 9:42 am

2 Answers from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Custody

Your sister can prepare a kinship power of attorney which temporarily allows a close relative to care for a child. There are conditions to this, for example, both parents must approved if both can be located. I suggest you discuss this option, as well as the option for guardianship, with an attorney.

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Answered on 5/25/08, 8:52 pm
David Davies Law Office of David H. Davies

Re: Custody

This may be more complicated then you would think. What is the status of the father of the child? He has a right to seek custody in the event mom is locked up. Assuming that Dad is out of the picture and will not object to you taking care of the child, you may want to ask to be appointed guardian of the child through Probate Court. If the your sister was married and has custody of the child by way of a divorce or dissolution order then you have other issues. The court that originally decided custody will have to be involved.

You need to talk directly to an attorney if you are serious about taking on this responsibility. There are some important issues that will need to be dealt with.

Feel free to give me call or contact me directly if you want to discuss this further.

Good Luck !

DHD

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Answered on 5/24/08, 8:48 pm


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