Legal Question in Family Law in Ohio

Guardianship

My parents have legal guardianship of their grandson age 12. They are both very old and have been asked if they would give up guardianship of their grandson to the former partner of the mother. The lady that wants to take over guardianship is not a blood relative. The father (my brother) wont take custody neither will the mother. My question is if my parents have legal guardianship of the minor child can they transfer it to this woman over the objections of the mother? As my parents understand both the father and the mother have signed over rights to the minor child but are required to pay child support. The mother has made no attempts to pay for years of back owed child support. Any help at all would be greatly appreciated. Thank you in advance for your assistance.


Asked on 4/04/07, 11:38 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Guardianship

I think your question is: Can the guardians of a minor child turn over what they call kinship custodial care to another adult and still maintain guardianship? If they are guardians of the estate and the person of the child, it is possible because they are functioning in the place of the parents. This seems to me to be a grey area. I suggest that the guardians ask permission of the court that approved their guardianship.

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Answered on 4/04/07, 3:26 pm


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