Custody of Nephew

[User:Name]

What is the name of your state (only U.S. law)? OH

I have had my 3 year old nephew since he was 2 weeks old. I have been able to take him to his pediatrician and enroll him in preschool and occupational therapy but he needs to see a neurologist and behavior specialist and both require that I have custody before I can take him. My sister will not take him. I also will not be able to enroll him in Kindergarten when the time comes. I don't think my sister will fight me for custody of him but I'm confused about his dad. He is not the legal father yet. Child Support tried to get DNA recently but he refused. They are now trying to get a court order in WV to order him to provide it. He is currently in jail, on trial for murder and does not want anyone to know that my nephew is his son. Do I still include him in the motion for custody?

 

[Proserpina]

What is the name of your state (only U.S. law)? OH

I have had my 3 year old nephew since he was 2 weeks old. I have been able to take him to his pediatrician and enroll him in preschool and occupational therapy but he needs to see a neurologist and behavior specialist and both require that I have custody before I can take him. My sister will not take him. I also will not be able to enroll him in Kindergarten when the time comes. I don't think my sister will fight me for custody of him but I'm confused about his dad. He is not the legal father yet. Child Support tried to get DNA recently but he refused. They are now trying to get a court order in WV to order him to provide it. He is currently in jail, on trial for murder and does not want anyone to know that my nephew is his son. Do I still include him in the motion for custody?

Is this the same child as your previous thread?

 

[User:Name]

Is this the same child as your previous thread?

No, that child is not biologically related to me. This one is my sister's son.

 

[Rwedunyet]

I hope and pray that you have a lawyer. If so, you REALLY need to discuss this with him/her. I absolutely positive do not recommend doing this without a lawyer, even if the mother says she will agree to it.

You are talking about 3rd party custody, and that is NOT something to try by yourself.

 

[User:Name]

I hope and pray that you have a lawyer. If so, you REALLY need to discuss this with him/her. I absolutely positive do not recommend doing this without a lawyer, even if the mother says she will agree to it.

You are talking about 3rd party custody, and that is NOT something to try by yourself.

Believe me, I know. I've been down this road before with a child who is not even related to me. It's kind of a similar case actually except this little guy is my nephew. I really have no money for an attorney though. I'm a single mom raising 4 boys and nearly my entire paycheck goes to my rent.

 

[Rwedunyet]

I understand the financial issues. But, you will be eaten alive without a lawyer.

I just went through a similar situation with my own nephew (who is now my adopted son) while his father was (and still is) incarcerated. It is a rough rough road.

The suggestion of a lawyer is not for your benefit but for the child's benefit. You will need a ROCK solid custody agreement, or this child will suffer for it later.

Like I said, I really understand the financial issue. I am still making payments to my lawyer. Find a way to get a lawyer. And, be prepared to show the court that you are financially able to support this child.

 

[Ohiogal]

What is the name of your state (only U.S. law)? OH

I have had my 3 year old nephew since he was 2 weeks old. I have been able to take him to his pediatrician and enroll him in preschool and occupational therapy but he needs to see a neurologist and behavior specialist and both require that I have custody before I can take him. My sister will not take him. I also will not be able to enroll him in Kindergarten when the time comes. I don't think my sister will fight me for custody of him but I'm confused about his dad. He is not the legal father yet. Child Support tried to get DNA recently but he refused. They are now trying to get a court order in WV to order him to provide it. He is currently in jail, on trial for murder and does not want anyone to know that my nephew is his son. Do I still include him in the motion for custody?

Yes you need to include the putative father as well as JOHN DOE in the motion for custody. Where does mom live?

 

[User:Name]

I understand the financial issues. But, you will be eaten alive without a lawyer.

I just went through a similar situation with my own nephew (who is now my adopted son) while his father was (and still is) incarcerated. It is a rough rough road.

The suggestion of a lawyer is not for your benefit but for the child's benefit. You will need a ROCK solid custody agreement, or this child will suffer for it later.

Like I said, I really understand the financial issue. I am still making payments to my lawyer. Find a way to get a lawyer. And, be prepared to show the court that you are financially able to support this child.

I have done this before on my own with a child who is not related to me at all. It was terrifying, especially the month wait to get the decision in the mail. If I had any way to get an attorney I would, but it's just not a possibility right now. I've called every attorney in town and they all require a big retainer.

 

[User:Name]

Yes you need to include the putative father as well as JOHN DOE in the motion for custody. Where does mom live?

She was in Ohio but moved to West Virginia a few months ago.

 

[Ohiogal]

She was in Ohio but moved to West Virginia a few months ago.

Then you have a major issue and WV is where you will have to fight this .... See this: http://www.supremecourt.ohio.gov/rod/docs/pdf/9/2015/2015-Ohio-4523.pdf

 

[User:Name]

Then you have a major issue and WV is where you will have to fight this .... See this: http://www.supremecourt.ohio.gov/rod/docs/pdf/9/2015/2015-Ohio-4523.pdf

Would it make a difference that she wrote a letter for ODJFS stating that he lives with me and that I have been receiving Medicaid for him here?

 

[Ohiogal]

Would it make a difference that she wrote a letter for ODJFS stating that he lives with me and that I have been receiving Medicaid for him here?

Nope. Read the case law I just posted. Mother is the ONLY legal custodian. The child's residence is the same as the custodian's residence. Which is now WV. And you may find yourself in trouble for getting Medicaid for him. Is mom paying child support?

 

[User:Name]

Nope. Read the case law I just posted. Mother is the ONLY legal custodian. The child's residence is the same as the custodian's residence. Which is now WV. And you may find yourself in trouble for getting Medicaid for him. Is mom paying child support?

There is an order for child support but she hasn't paid anything yet. The case was just opened 2 or 3 months ago.

 

[Ohiogal]

There is an order for child support but she hasn't paid anything yet. The case was just opened 2 or 3 months ago.

Does it list you as the custodian? Was there a custody determination made through a court? Truthfully, YOU NEED an attorney.

 

[User:Name]

I got a letter today that dad refused DNA and mom didn't show up for it. Does this mean my nephew just won't ever have a legal father? How does this affect a custody case?