Legal Question in Family Law in Ohio

Legal custody of a minor (niece)

My sister in TX recently passed away and her daughter (my niece) age 16 wants to move to OH to live with me. Her father has agreed. What are the necessary steps for legal guardianship? What are the options available other than legal guardianship? Is there a free source for the necessary documents.The child is not covered by health insurance with her father and we must enroll her in school. In addition, her father has an extremely limited income (minimum wage)and cannot provide much (if any) support) HELP!!!

Thanks!


Asked on 1/12/00, 6:25 pm

1 Answer from Attorneys
Jonathan Schiff Self employed

Re: Change of custody--niece

I didn't initially realize this had been posted during the school holiday. But you may have already gotten things under control. The father can consent to a guardianship which may be easier and cheaper than a custody change. The school should accept an affidavit that you are seeking a change of custody, or any court filing to initiate a change. Also, if the child has been receiving special education that should entitle her to attend school where she is actually living rather than the district of the person who has custody.

Probably a good idea to get an affidavit (sworn statement) from dad that he is in favor of a change of custody. Then call the county probate court and ask about guardianship. if you have any questions you can e-mail me.

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Answered on 1/19/00, 10:31 pm


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