Legal Question in Family Law in Ohio

Custody of sister's child

We have taken my sister-in-law's daughter into our household. She is 13. Her mother passed away 3 months ago, and her father, over 10 years ago. She was staying with a friend of her mother's, but they had some problems with her and brought her to us. Now this child wants to go back to this friend, but we have already filed for a custody hearing. We paid over $700 into this so far..

My husband is not with me, due to relocation that we are going through and I let her go and stay with this friend for a while. Now she doesn't want to come back to me. We have done nothing but found an attorney and file with the courts.

Do I have legal custody at this point? Can I force her to come back to live in my house? How would I go about doing this?

Her mother was remarried; however, I have lost contact with this man. He won't answer the phone. I cannot get our atty to return my calls for a month now. Who has legal rights/respons. to this child at this point??

I am trying to take care of this, with 3 of my own children, so that my husband does not have to travel back and forth, which could jepordize his new job.

Regist. for school is another issue, which is soon; I do not want to face truancy officers.

Please HELP!!


Asked on 8/20/05, 3:40 am

1 Answer from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

Re: Custody of sister's child

You might want to check your sister's will to see if she designated anyone to have custody of the child after her death. Based on what you have written, no one now has legal custody, and your court action is the best way to proceed. You have the best claim as her next of kin, assuming her mother's husband did not adopt her.

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Answered on 8/22/05, 11:48 am


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