Legal Question in Family Law in Ohio
Temporary Guardianship for 3 minor children of incarcerated parent
Custodial parent (father) of 3 children has become incarcerated. Temporary care needs to be given for children to one of the following: Aunt, (fathers sister) who resides in Illinois, or Friend of father, who is in the home now with children. Please advise of proper legal procedures and forms, etc. that should be implemented. Keeping these children out of Children's Services and/or Foster Care is primary goal. Thank you.
2 Answers from Attorneys
Re: Temporary Guardianship for 3 minor children of incarcerated parent
In Ohio it is possible to prepare what is referrred to as a "kinship care" power of attorney or affidavit. It gives parental permission to a relative temporarily caring for the child. The document is filed with the court. It is good for a year, after which, if a new one is filed with the court again, the court will want a hearing on the matter. This has been a great improvement over the alternatives.
Re: Temporary Guardianship for 3 minor children of incarcerated parent
Father could grant temporary guardianship to an instate resident by affidavit, assuming the prison term is short enough. However, that does not prevent the non-custodial parent, or anyother interested parties from filing an emergency custody motion, and getting the issue litigated.
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