QUESTION
Can my 15 year old grandson legally decide to live with me?
Asked on Nov 10th, 2014 on Child Custody - Ohio
More details to this question:
His father who is ill and has been unemployed for several years cannot afford to take care of him. My grandson does live with his father because he does not want to live with his mother. They do have court document stating as such and my son gave permission for his mother not to pay any child support. I would like to have temporary guardianship of my 15-year-old grandson to at least see him through high school and take care of him financially and live with me. We live in the state of Ohio so would like to know what conditions are available to us and Ohio.
2 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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In order for you to have proper "legal" control (the right to enroll the child in school, to obtain medical care etc.)you would need to establish a guardianship through the probate court. You would most likely need the consent of both the mother and of the father.
Answered on Nov 11th, 2014 at 12:15 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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The first question is easiest: your grandson cannot decide with whom he will live. Normally he would live with his parents. But in cases like this, the court may well decide it is in the child's best interest to live with you. In this case it is VERY important you discuss your responsibilities with a lawyer familiar with guardianship. The court will require regular reporting on specific dates, and you have choices to make as to whether you should be guardian of just your grandson's person or his estate as well. In addition, you will likely need assistance in successfully negotiating the application process. This answer does not create a lawyer / client relationship, nor may it be relied upon as legal advice. It is intended for entertainment purposes only.
Answered on Nov 10th, 2014 at 10:17 PM