Legal Question in Family Law in Ohio
Getting Guardianship back of a minor child
My 20 year old niece has a 4 year old son. Her adoptive mother has guardianship of him due to her young age at the time of his birth. She would like to get guardianship returned to her, but she is actually not sure that her mother really has guardianship in the first place. Would she have had to sign any papers when she was 15 to approve of the guardianship? Also, is this an item that she can look up at the court house as a public record? By the way, she is married, has another child and works for a county agency so I believe that there would be no question as to whether she should be allowed to have guardianship back except that her mother is incredibly reluctant to give up the guardianship.
2 Answers from Attorneys
Re: Getting Guardianship back of a minor child
If there is in fact a guardianship, it would be on file at the probate court. There may be a filing at the juvenile court to take custody of the minor child. You will need tot go to the court that gave your mother control in order to terminate that control.
Good Luck!!!!
Re: Getting Guardianship back of a minor child
Check the records of the probate court in the county where the guardianship was granted. The mother should file a motion to have the guardianship terminated, and be prepared to show how her circumstances have improved for the child's benefit.
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