QUESTION
okay, i want to switch gaurdianship, and my mom is willing to sign a paper but my dad that i have not seen in a year, is not willing to sign a paper.
Asked on Jul 27th, 2012 on Guardianship and Conservatorship - Ohio
More details to this question:
I live with my mom in ohio while my father lives in michigan, i have been living with a friend of mine and there family. there mom is willing to take me with them to flordia and my mom will sign over gaurdianship to her, but my father that I have calledtwice to discuss the matter refuses to sign over. since i have been the one to initiate contact with him and havent seen him in over a year would he have any say in whether or not my gaurdianship gets switched?
1 ANSWER
Tonya Coles
In Ohio, your family friend would need to apply in probate court (in the county where you live) to become your guardian. Your parents will have the opportunity to waive their right to be your guardian. If they will not waive their rights, they are entitled to receive notice that someone else has applied for guardianship of you. The court will then hold a hearing to determine if your family friend is a suitable guardian.
You stated that your family friend is taking you to Florida. If you move from Ohio, your family friend will need to apply for guardianship in Florida. Your guardian must be appointed in the county where you live.
I suggest that you contact a probate lawyer (in Ohio and Florida) to determine the best method for handling the situation.
Tonya R. Coles, Attorney at Law
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Aug 05th, 2012 at 3:50 PM