Legal Question in Family Law in Ohio

Hi, My friend is going through a rough time and would like me to take her 2 year old daughter to live with me. Do you have to go through a court process to get legal custody or can she just sign her over to me?? Thanks.


Asked on 10/12/11, 7:20 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, you cannot contract away the duty to care for your children. This other person can certainly allow you to care for her temporarily, but once she changes her mind and requests the child back, you are going to have to return the child or petition the court for emergency custody (if she is a threat to the child's safety) and move the court to have that turned into permanent custody.

However, the standard for stripping a parent of custody of her or her own child is that you have to prove parental unfitness which is a high, though not impossible standard, to prove.

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Answered on 10/15/11, 6:56 am


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