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Legal guardianship questions


mrs.cos

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Wont lie, im sure she has good intentions.. but i dont think it will happen that way.. but i have been wrong about all of this up to this point reguarding my aunts behavior.

 

If she is going along with this...it may just take time. The important thing is to be supportive and open about it and not to rock her back on the defensive.

 

The guardianship issue is going to be a hurdle, but it might be better if she hears it come from someone else. Maybe take the child to the school meetings and let the school tell her that you need guardianship for the child to attend, or bring her with you to the attorney's office and let him explain it.

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As far as I know, residential custody requires the individual to have some custody rights first. You see it in joint custody divorce cases - both parents have shared custody but one parent is considered to have residential custody so that the child isn't bouncing between schools.

 

here is the Ohio Atty General guide on guardianship:

http://www.ohioattorneygeneral.gov/Files/Publications-Files/Publications-for-Consumers/Ohio-Guardianship-Guide-%28PDF%29

 

one way you can broach this with you aunt is there are two different types of guardianship: one of the person and one of the estate. You could make your aunt the guardian of the estate, which means she can collect the continued payments and manage the finances of the child, where as you could be the guardian of the person allowing the child to live with you, attend schools, and receive medical treatment.

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As far as I know, residential custody requires the individual to have some custody rights first. You see it in joint custody divorce cases - both parents have shared custody but one parent is considered to have residential custody so that the child isn't bouncing between schools.

 

here is the Ohio Atty General guide on guardianship:

http://www.ohioattorneygeneral.gov/Files/Publications-Files/Publications-for-Consumers/Ohio-Guardianship-Guide-%28PDF%29

 

one way you can broach this with you aunt is there are two different types of guardianship: one of the person and one of the estate. You could make your aunt the guardian of the estate, which means she can collect the continued payments and manage the finances of the child, where as you could be the guardian of the person allowing the child to live with you, attend schools, and receive medical treatment.

ohhhh This might be ideal!

 

What a great idea.

 

Yah i went to talk to the school today and they basicly put a big "NO" stamp on non custodial enrollment. Said its state law.

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So another question.

 

I told her what the schools said.

 

She mentioned us getting a lawyer then to start things.

 

So the question I have now is.. do I need a lawyer where she lives or where we live? (She's in Montgomery county)

 

Does it matter since this is a mutual agreement?

 

 

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So another question.

 

I told her what the schools said.

 

She mentioned us getting a lawyer then to start things.

 

So the question I have now is.. do I need a lawyer where she lives or where we live? (She's in Montgomery county)

 

Does it matter since this is a mutual agreement?

 

 

Technically you don't need a lawyer to represent yourself pro-se in any legal situation. However GB is right it makes it much easier if you have one handling the paperwork.

 

I imagine you would want a lawyer close to where you live.

 

I don't know where you live but here is the Franklin County probate court website on guardianship:

http://probate.franklincountyohio.gov/departments/Guardianship.cfm

Please note: they will not grant guardianship for school purposes only.

 

there is an information line you can call and ask about filing on your own without a lawyer: Guardianship Information Line (614) 525-3858

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everything seems to be going well.. however now its come time to actually do paperwork and im loooking at this application..

 

I really think i want to talk to a lawyer.

 

Everything so far is going well on the expectations side.. but now that its getting to brass tacks..

 

She is IMPOSSIBLE to get a hold of, which is INFURIATING.

 

I think she still thinks im not gonna push for hte estate part of this. (i think she gets social security? Im not sure)

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  • 2 weeks later...

Thank you all for your support. She is officially moving in Tuesday. We went to the lawyer on Wednesday and will have paperwork for legal custody filed by Friday.

 

I feel so overjoyed and scared and excited all at the same time.

 

 

Many of you may not know this but I can't have kids. My husband was never interested in adoption... this is the closest we will ever have to kids.

 

All I want to do is do right by her and my cousin who will never see her daughter(s) grow up.

 

Now for the next issue.. 13 going on 21 to a cute girl. [emoji33]🤣

 

You'll see me at the Back Counter more now, lol.

 

 

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  • 4 months later...

I just wanted to give a little update about all of this.

 

She moved in with us (as i stated earlier) and is doing very well. There were some tests of our resilience the week before her court date, and there have been some small hiccups, but her grades are doing well, and we are are working on MANY things...

 

We have since learned she is pigeon toed pretty severly, (could have been easily corrected as a small human, but was neglected) and is in physical therapy to help correct it.. she usually does her exercises but sometimes i have to remind her (normal, right?)

 

We went to the dentist and found out that she has extreme oral thrust that again, ahd she been to the dentist regularly, could have been easily corrected as a small child, but now will have to have some pretty severe corrective braces, as opposed to minor regular braces as a child.. (we had a fear some oral surgery might have been needed but one ortho said we could avoid this *phew*)

 

She has some manner issues (she's mostly devoid of them.. not just unruly teenagery.. but no understanding of common courtesy) I find most days i ahve to treat her like my 3yo neice who is learning how to say please and thank you, and not interupt or slap at things..

 

Overall though, things are going ok. Her grades are doing well(5A's and 2B's), and we had a nice Christmas and new years as first-time parents. I will say i like that she is at an age that she was able to stay up and have fun with us and our gaming friends. She played board games with us all night and was an active participant in them.

 

Tim's wife suggested a great lawyer for us, and she was on top of things and helped make the process pretty smooth.

 

She says she is happy with her decision, and I know she thinks some days Im too strict with her, and so do others, but i know how far we have to go, and what all needs repaired.

 

next up for her is Counseling.. will be looking for one this month...

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Thank you for the update, Trish! It does sound like you're truly giving her much better opportunities for a brighter future than where she was before.

 

From what you've shared, you're doing it right. Remind yourself that you HAVE to go with your gut as a parent: if she's acting out inappropriately or not enough, correct her. It may feel painful in the moment and 21st-Century social media leads us to think we're supposed to be "best friends" with our kids, but raising them up well means love AND guidance...and the latter needs to be taught and enforced!

 

Difficult to hear about her physical issues but sounds like much of that can be corrected. Keep up the great work!

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