Legal Question in Family Law in Ohio

Guardianship of Almost 16 Year Old

My sister died in Oct 2001 and her ex-husband took the children (3) ages 11, 12, and 15 back to NJ with him. The 15 y/o wanted and still wants to live in my community. Did he have automatic custody/guardianship of the children upon my sisters death? Did or does the 15 y/o (almost 16) have the right to state where and who they want to be their guardian? Can the 15 y/o petition or apply to have me as guardian until legal age without interference or legal problems from the 15 year olds father?


Asked on 8/14/02, 11:45 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Guardianship of Almost 16 Year Old

The problem is going to be that the child is presently a resident of New Jersey, and thus only New Jersey law will apply. If the child resided in Ohio, he could then make a binding choice in the probate court of the county of his residence as to who his guardian would be.

Read more
Answered on 8/14/02, 9:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio