Want to adopt our nephew

[slnb73]

OHIO

Our nephew has been with us multiple times now. First time, his mother went to jail and sent him to us giving us power of attorney. Second time, her boyfriend was beating him and after he tried to run him over she sent him to us again until she found out that we were going to file for custody.. She came and took him and no agencies would help us keep him here and safe. December 2011, he was removed from her care by Children Services (Franklin County) in January 2012 he was placed with us. We went through the background checks and the home studies and the monthly home visits. In July we signed the papers saying we wanted custody and a hearing was scheduled. But because his mother has not been in contact with anyone since March 2012 she was unable to be served and it got continued 3 times. We were finally granted legal custody in December 2012. We want to make sure that he can not be taken from our care again. We love him like our own and he loves us and our children. He draws pictures and hangs them by his bed and write's "Xaviar's family" over top of them. We don't know what to do and we don't have a lot of extra money to do it with. Our bills are paid and the kids have everything they need. We just want to make sure the hell he lived through never has to happen again.

What needs to be done and how much do we need to save up to do it?

 

[Ohiogal]

OHIO

Our nephew has been with us multiple times now. First time, his mother went to jail and sent him to us giving us power of attorney. Second time, her boyfriend was beating him and after he tried to run him over she sent him to us again until she found out that we were going to file for custody.. She came and took him and no agencies would help us keep him here and safe. December 2011, he was removed from her care by Children Services (Franklin County) in January 2012 he was placed with us. We went through the background checks and the home studies and the monthly home visits. In July we signed the papers saying we wanted custody and a hearing was scheduled. But because his mother has not been in contact with anyone since March 2012 she was unable to be served and it got continued 3 times. We were finally granted legal custody in December 2012. We want to make sure that he can not be taken from our care again. We love him like our own and he loves us and our children. He draws pictures and hangs them by his bed and write's "Xaviar's family" over top of them. We don't know what to do and we don't have a lot of extra money to do it with. Our bills are paid and the kids have everything they need. We just want to make sure the hell he lived through never has to happen again.

What needs to be done and how much do we need to save up to do it?

Where is the child's father? The paperwork you signed states unequivocably that mother retains her residual parental rights including the right to give permission for him to be adopted. It also states that legal custody is meant to be permanent. Apparently, you didn't comprehend what you signed. You should have asked your questions of the prosecuting attorney at that time. The child cannot be removed from your home unless the child's father was not properly served OR there is a substantial change in circumstance in the life of the child.

 

[slnb73]

Where is the child's father? The paperwork you signed states unequivocably that mother retains her residual parental rights including the right to give permission for him to be adopted. It also states that legal custody is meant to be permanent. Apparently, you didn't comprehend what you signed. You should have asked your questions of the prosecuting attorney at that time. The child cannot be removed from your home unless the child's father was not properly served OR there is a substantial change in circumstance in the life of the child.

We never dealt with lawyers. This is what happened. The case worker for Franklin County Children Services had us sign a paper stating we wanted legal custody. She said we could file for adoption if wanted to through them or at a later date. But that she suggested waiting because the adoption would go through another agency and would take longer than getting custody. He was assigned a guardian ad litem but the guy dropped our case and no one ever knew about it. In December the attorney for FCCS was suppose to ask for a continuance because we had just discovered that the guardian ad litem had dropped our case. Evidently the fact we said he never contacted us didn't seem to be a red flag before hand. The magistrate went ahead with the court hearing without us there, we were told not to appear because it was once again going to be continued. We were granted custody without being there, they said that paper that we had signed ion July was enough. They told us Jaime can come back and file for visitation and it is in his best interest that that does not happen. She has not been in contact since March of last year. The case worker told us after 90 days in Ohio it's considered abandonment. The father has not been in his life at all. He wants nothing to do with him. Pays his child support once every couple of years.

 

[Ohiogal]

We never dealt with lawyers. This is what happened. The case worker for Franklin County Children Services had us sign a paper stating we wanted legal custody. She said we could file for adoption if wanted to through them or at a later date. But that she suggested waiting because the adoption would go through another agency and would take longer than getting custody. He was assigned a guardian ad litem but the guy dropped our case and no one ever knew about it. In December the attorney for FCCS was suppose to ask for a continuance because we had just discovered that the guardian ad litem had dropped our case. Evidently the fact we said he never contacted us didn't seem to be a red flag before hand. The magistrate went ahead with the court hearing without us there, we were told not to appear because it was once again going to be continued. We were granted custody without being there, they said that paper that we had signed ion July was enough. They told us Jaime can come back and file for visitation and it is in his best interest that that does not happen. She has not been in contact since March of last year. The case worker told us after 90 days in Ohio it's considered abandonment. The father has not been in his life at all. He wants nothing to do with him. Pays his child support once every couple of years.

Father needed to be served. End of story. Mother needed served. You needed to testify and to sign a statement of understanding. If that didn't happen, this whole thing didn't comply with the law and is reversible. The law is very specific on that. The caseworker apparently was a moron due to the fact that the caseworker didn't have you go appear to testify that you wanted custody. If father was NOT served and mother was not served then the granting of custody to you is VOID AB INITIO. Plain and simple. You better hope that father and mother were both properly served. Also the child was required to have a guardian ad litem. In addition, it is a requirement that you had to sign a statement of legal understanding AND appear to testify that you wanted custody in order for the court to grant you custody.

§ 2151.353. Orders of disposition of abused, neglected or dependent child





(A)

If a child is adjudicated an abused, neglected, or dependent child, the court may make any of the following orders of disposition:


(3)

Award legal custody of the child to either parent or to any other person who, prior to the dispositional hearing, files a motion requesting legal custody of the child or is identified as a proposed legal custodian in a complaint or motion filed prior to the dispositional hearing by any party to the proceedings. A person identified in a complaint or motion filed by a party to the proceedings as a proposed legal custodian shall be awarded legal custody of the child only if the person identified signs a statement of understanding for legal custody that contains at least the following provisions:


(a)

That it is the intent of the person to become the legal custodian of the child and the person is able to assume legal responsibility for the care and supervision of the child;




(b)

That the person understands that legal custody of the child in question is intended to be permanent in nature and that the person will be responsible as the custodian for the child until the child reaches the age of majority. Responsibility as custodian for the child shall continue beyond the age of majority if, at the time the child reaches the age of majority, the child is pursuing a diploma granted by the board of education or other governing authority, successful completion of the curriculum of any high school, successful completion of an individualized education program developed for the student by any high school, or an age and schooling certificate. Responsibility beyond the age of majority shall terminate when the child ceases to continuously pursue such an education, completes such an education, or is excused from such an education under standards adopted by the state board of education, whichever occurs first.




(c)

That the parents of the child have residual parental rights, privileges, and responsibilities, including, but not limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child's religious affiliation, and the responsibility for support;




(d)

That the person understands that the person must be present in court for the dispositional hearing in order to affirm the person's intention to become legal custodian, to affirm that the person understands the effect of the custodianship before the court, and to answer any questions that the court or any parties to the case may have.

In other words, your legal custody could quite possibly be overturned -- if not void ab initio -- because the law was not followed. Go get legal counsel. And even if you do have legal custody and it is NOT void, you can't adopt due to what the law states above. Where is dad? Where is mom? If it is void and you attempted to adopt -- anything stemming from a void ab initio order of custody would also be void -- including name changes, adoptions, and what not. YOu need legal counsel to review this. Caselaw could be used to get this overturned.

 

[Proserpina]

Father needed to be served. End of story. Mother needed served. You needed to testify and to sign a statement of understanding. If that didn't happen, this whole thing didn't comply with the law and is reversible. The law is very specific on that. The caseworker apparently was a moron due to the fact that the caseworker didn't have you go appear to testify that you wanted custody. If father was NOT served and mother was not served then the granting of custody to you is VOID AB INITIO. Plain and simple. You better hope that father and mother were both properly served. Also the child was required to have a guardian ad litem. In addition, it is a requirement that you had to sign a statement of legal understanding AND appear to testify that you wanted custody in order for the court to grant you custody.




In other words, your legal custody could quite possibly be overturned -- if not void ab initio -- because the law was not followed. Go get legal counsel. And even if you do have legal custody and it is NOT void, you can't adopt due to what the law states above. Where is dad? Where is mom? If it is void and you attempted to adopt -- anything stemming from a void ab initio order of custody would also be void -- including name changes, adoptions, and what not. YOu need legal counsel to review this. Caselaw could be used to get this overturned.

I want to "like" the heck out of this.

Thank you, OG.

 

[single317dad]

OG's post sums up the issue nicely. I would only add this:

OP, you need to get all your paperwork together, every single thing you have regarding this issue from beginning to end. It seems to me that you and the caseworker do not really understand what has happened or what needs to be done. Don't rely on what some caseworker tells you; they quite frequently don't really know the law. Never rely on legal advice from police officers, court clerks, CPS employees, or your brother-in-law. Get your records in order and talk to an experienced family law attorney.

 

[Ohiogal]

OG's post sums up the issue nicely. I would only add this:

OP, you need to get all your paperwork together, every single thing you have regarding this issue from beginning to end. It seems to me that you and the caseworker do not really understand what has happened or what needs to be done. Don't rely on what some caseworker tells you; they quite frequently don't really know the law. Never rely on legal advice from police officers, court clerks, CPS employees, or your brother-in-law. Get your records in order and talk to an experienced family law attorney.

NO. Not a family law attorney. In Ohio, a family law specialist might NEVER step foot in juvenile court and doesn't understand DNA (dependency/neglect/abuse) cases. They need an attorney that does parental defense in juvenile court and who also works as a GAL.

I can name cases in Ohio that back up what I say and if Franklin County appeals would rule against those cases that is a conflict which would get certified automatically to the Ohio Supreme Court. In other words, if OP opens this can of worms and wants to adopt, he may find himself in for a fight that will last until the child is 18. He may wake a sleeping bear that he doesn't want awoken. If he has custody (or paperwork that says so) he might just want to sit on it and let it go because if he starts anything, the attorney on the other side might be someone like me who can cause him problems and cost him thousands of dollars in fighting something that will keep him tied up. Even if he was able to "adopt" that could be vacated if juvenile court screwed up and it sounds like they totally did because they didn't follow the law.

Also, he would NOT be considered a party to a juvenile case should the custody be vacated and he wouldn't have standing to intervene. He would need to tread carefully.
As for summing it up nicely -- yeah. Considering this is MY area of the law (I do juvenile AND family law in Ohio) I should be able to sum it up nicely.

 

[slnb73]

Where is the child's father? The paperwork you signed states unequivocably that mother retains her residual parental rights including the right to give permission for him to be adopted. It also states that legal custody is meant to be permanent. Apparently, you didn't comprehend what you signed. You should have asked your questions of the prosecuting attorney at that time. The child cannot be removed from your home unless the child's father was not properly served OR there is a substantial change in circumstance in the life of the child.

Father needed to be served. End of story. Mother needed served. You needed to testify and to sign a statement of understanding. If that didn't happen, this whole thing didn't comply with the law and is reversible. The law is very specific on that. The caseworker apparently was a moron due to the fact that the caseworker didn't have you go appear to testify that you wanted custody. If father was NOT served and mother was not served then the granting of custody to you is VOID AB INITIO. Plain and simple. You better hope that father and mother were both properly served. Also the child was required to have a guardian ad litem. In addition, it is a requirement that you had to sign a statement of legal understanding AND appear to testify that you wanted custody in order for the court to grant you custody.




In other words, your legal custody could quite possibly be overturned -- if not void ab initio -- because the law was not followed. Go get legal counsel. And even if you do have legal custody and it is NOT void, you can't adopt due to what the law states above. Where is dad? Where is mom? If it is void and you attempted to adopt -- anything stemming from a void ab initio order of custody would also be void -- including name changes, adoptions, and what not. YOu need legal counsel to review this. Caselaw could be used to get this overturned.

Both mother and father were served. That is why it got continued so many times. Neither showed up.

 

[Ohiogal]

Both mother and father were served. That is why it got continued so many times. Neither showed up.

The law still wasn't followed because you didn't go to the hearing to get custody. You also apparently didn't sign a statement of legal understanding AND the child did not have a GAL. Should I continue with the number of ways this was wrong? Also, HOW were the parents served? Was it -- service -- properly docketed? If service was NOT done properly AND properly docketed, service was not perfected and guess what -- everything is void ab initio. And don't say the prosecutor did it right because they always do -- trust me, they DO NOT perfect service properly. There are specifics to how service must be done and how these hearings must run. You NEED legal counsel.

 

[slnb73]

I don't know how they were served I just was told by the case worker that they were served. I don't know anything about the law. All I know is I want to keep him safe and makes sure he knows love. Not have to run from people trying to run him over, that no one ever picks him up and beats him again, that he never has another piece of furniture thrown at his head, or has to sit and watch his mother stick needles in her arm.. that he doesn't have to sleep in basements of houses with no heat in the middle of winter and that he always has food to eat. If he ever gets sick that he has insurance and proper medical care and never has to curl up and cry cause his ears and throat hurt so bad and have for so long that it is unbearable. If I knew the law I wouldn't be searching for advice and help.

 

[Zigner]

slnb73 -

OhioGal is a site verified Ohio attorney dealing with exactly the types of issues that you have. She may be ...blunt... but she knows of what she speaks. I know this is a difficult time, but please understand that she is trying to help. She is trying to make sure that what you are trying to accomplish is done in a way that doesn't allow any of the parties to come back later and cry "foul" to undo everything you've worked for.

 

[Ohiogal]

I don't know how they were served I just was told by the case worker that they were served. I don't know anything about the law. All I know is I want to keep him safe and makes sure he knows love. Not have to run from people trying to run him over, that no one ever picks him up and beats him again, that he never has another piece of furniture thrown at his head, or has to sit and watch his mother stick needles in her arm.. that he doesn't have to sleep in basements of houses with no heat in the middle of winter and that he always has food to eat. If he ever gets sick that he has insurance and proper medical care and never has to curl up and cry cause his ears and throat hurt so bad and have for so long that it is unbearable. If I knew the law I wouldn't be searching for advice and help.

Again, you say you have custody. DO NOT ROCK THE BOAT. But take your paperwork to an attorney who does juvenile law and who can review everything to make sure there are no loopholes. With custody of this child, you should be able to get him insured and provide for him. Custody is considered permanent. Why do you need to adopt him?

 

[Silverplum]

I want to "like" the heck out of this.

Thank you, OG.

Did it for you, because I'm nice like that.