Legal Question in Family Law in Ohio

Forgery in Child Guardianship Case

In 2002 my sister went to court to obtain guardianship of niece who is now (2008) 16 years old. No one new that she did this. As she forged my name and our brothers name on a waiver of notice to appear in court document. As such she got custody without anyone knowing about this. Our niece (Lori) was orphaned when her mother died. The niece is being abused and does not want to be with her aunt who is my younger sister. As my sister has a history of being a verbally and emotionally abusive , and controlling individual. The deceased sister would not have wanted this to happen and my niece is afraid of this sister. There was fraud in the 2002 guardianship case. What can I do?


Asked on 7/04/08, 10:08 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: Forgery in Child Guardianship Case

A guardian has the responsibility to act in the best interests of the child. If your sister is not properly caring for your niece, this can be presented to the Probate Court. The Court can do an investigation and, if appropriate, replace the guardian. This would be true even without proving the allegations of forged signatures, etc.

If it can be proven, that your sister forged signatures on Court documents, it is highly likely that the Court will remove her as guardian even without proof that she is not properly caring for the child. This is especially true if another family member requests that they be allowed to replace her.

There are a couple of steps that can be taken to help with the situation. I will be happy to disuss this with you in more detail if you would like to give me call. No Charge or obligation for a confidential telephone call.

Good Luck!

DHD

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Answered on 7/07/08, 12:26 pm


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