Legal Question in Wills and Trusts in Ohio

I am wondering what the difference is between legal guardianship and custody. I have legal guardianship of my 5 year old niece. Her mother is currently in court appointed rehab and her father is around but also has a drug problem. The child lives with me and goes to school in our district. I am concerned that when her mother completes treatment she is going to try to take her away from the only stabilty she has known. I have no intention of keeping her away but I know that it is not in the best interest for her to live with her mother. What are my options and what are the mother's options? We live in Hamilton county Ohio.


Asked on 8/28/10, 11:53 am

1 Answer from Attorneys
Thomas Richards Richards & Associates Co., LPA

the Juvenile court will hve juridiction over this. Guardianship is about the same as custody.

you only probably have temporary custody from teh court. if the motehr is not fit to take her back you can argue that to the court to make them evaluate her. just b ecause she graduates from a court rehab does not mean she is over her drug issues. they do not want to put the child in danger so you can fight her gettng custody back.

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Answered on 9/07/10, 5:43 pm


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