If Mom is incarcerated what happens to the kids?

[SqurlGurl]

My husband & I live in Indiana. He has a daughter
living in Hamilton, OH who has 3 very young children.
The daughter is about to be incarcerated (for how long
we don't know) and we are inquiring about temporary custody
or guardianship of those 3 children. There are a lot of
"muddy" circumstances and 1 other family member making inquiries also. The daughter is a single Mom and raising the
3 children on public assistance. I am concerned about bringing them to another state to live because of medical bills and dental bills. We can provide a nice lifestyle and
plenty of love but if we obtain full custody can we get the help we will need for the medical and dental bills? There are too many questions and not enough answers. I was told today I would have to contact an Ohio attorney since the kids reside in Ohio. Does the mother have a choice where she can let the kids live? What are our rights with them as grandparents? Please help me if you can.....!!!

 

[I AM ALWAYS LIABLE]

My husband & I live in Indiana. He has a daughter
living in Hamilton, OH who has 3 very young children.
The daughter is about to be incarcerated (for how long
we don't know) and we are inquiring about temporary custody
or guardianship of those 3 children. There are a lot of
"muddy" circumstances and 1 other family member making inquiries also. The daughter is a single Mom and raising the
3 children on public assistance. I am concerned about bringing them to another state to live because of medical bills and dental bills. We can provide a nice lifestyle and
plenty of love but if we obtain full custody can we get the help we will need for the medical and dental bills? There are too many questions and not enough answers. I was told today I would have to contact an Ohio attorney since the kids reside in Ohio. Does the mother have a choice where she can let the kids live? What are our rights with them as grandparents? Please help me if you can.....!!!

My response:

Yes, you need an Ohio attorney. Ohio has jurisdiction over the kids and, while in your possession, custody and control, Ohio will still maintain jurisdiction while Mom is in prison. You'll get support from the Department of Social Services for the financial needs of the kids, directly from Ohio.

Ohio has no interest whatsoever in placing 3 children into foster care if there are competent family members to take that responsibility. But, like anything else, if you're not "first in line", don't expect the court to make the decision that you want.

Get off of your computer, and start the Petition process AS SOON AS :

A. The children are taken from her (prior to conviction),

B. As soon as she's convicted.

Good luck.

IAAL

 

[SqurlGurl]

Where should I file a petition? With Juvenile court
in the county the mother and children reside in OH?
Exactly how do I go about doing that? I have spoken with an
attorney just today in the county they reside in and she agreed to help us with this situation. She said the easy way would be to "talk as a family" about signing a document relenquishing custody (of the mother) then petitioning the court. BUT.... there is no talking to a mother who has done
what this mother has done to break the law to get herself and her kids in the situation they are in. Thank you for the advice and given in such a timely manner.

 

[I AM ALWAYS LIABLE]

Where should I file a petition? With Juvenile court
in the county the mother and children reside in OH?
Exactly how do I go about doing that? I have spoken with an
attorney just today in the county they reside in and she agreed to help us with this situation. She said the easy way would be to "talk as a family" about signing a document relenquishing custody (of the mother) then petitioning the court. BUT.... there is no talking to a mother who has done
what this mother has done to break the law to get herself and her kids in the situation they are in. Thank you for the advice and given in such a timely manner.

My response:

You're not going file anything, anywhere.

You're going to hire that nice, lady attorney, and let her do the work, and you're just going to sit back and go for the ride.

IAAL