Legal Question in Family Law in Ohio

Re: Grandparental custodial guardianship

The state can only intervene if a child is threatened with dependency, neglect and/or abuse. In your case, since the mother has a plan to leave the children with you and you are willing and able to care for them there shouldn't be a problem. Depending on their age though, there are a couple of other issues that may come up--medical care and school. If the children are under school age you probably at the very least should get a "power of attorney" signed by the mother allowing you to consent to medical care.

If they are of school age and your residence is in another school district (different school board not necessarily different school)vfrom the mother you may need to begin the process of either obtaining guardianship (Probate Court) or custody (Juvenile Court). To further complicate matters, if the children are being serviced by an Individualized Education Plan (IEP) which means the child is receiving special education which could be LD tutoring, special class or attending another school because of special education program there, guardianship or custody probably isn't necessary. The law allows those children to attend school wherever they physically reside.

I believe you can obtain the power of attorney forms at stationary stores, law libraries etc. If you can't locate one, I can probably dig one up for you if you need it.

Jonathan Schiff

Self employed

605 Rose Hill Ave