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Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Ohio Law: In Feb, 2011, Julie, 53, lived with her son, Jerry,

Resolved Question:

Ohio Law:

In Feb, 2011, Julie, 53, lived with her son, Jerry, 26, and grandson, Jerry Jr., 5, in NYC. Jerry Jr. was much more than normailly rebellious & agressive. Julie to him to a child therapist, who decided that Jerry Jr. was suffering form PTSS as a result of sexual misconduct on Jerry's part. Child services were informed, and they removed Jerry Jr. from the home at once, without filing any sort of petition. (Sexual misconduct charges wrr later dropped.)

But the case remained open. No question that Jerry Jr. is a troubled little boy - he ws transferred from one foster home to another, got one diagnosis after another (PTSS, ADD, Bi-polar), and received one drug after another. Improvement has been modest. Jerry and Julie both had private attys.; I believe the attys. were to "go-along-to-get-along". Julie was persuade to admit she failed to properly supervise - ironic, since she was the one who took Jerry Jr. to a therapist. Jerry admitted to excessive corporal punishment, although Jerry Jr. showed no signs of physical abuse.

After much red tape, Jerry Jr's great-grandmother, Mary, 72, was given custody, and Jerry Jr was sent to live with her in Cincinnati. Despite high hopes, Mary, due to her current physical condition and the stress of dealing with Jerry Jr., now wants out. She's been unable to handle him. Julie hs been staying in Ohio trying to help. She was second choice for custody - she would now like to have custody and return to NYC with Jerry Jr.

There are some complications. Julie was convicted of promoting prostitutio in 2005, and there were unsustained charges that she and Jerry remain active in this. No claim has been made that Jerry Jr. was ever exposed to these activities.

My questions: What chance of success does Julie have if she files a petition for custody in Ohio? What sort of time frame are we looking at? And will NY courts also have to be involved?
Your take would be appreciated - thanks. Jonathan
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for using JA! I'll be glad to assist.

1. If Julie was the second choice initially, and the first choice (Mary) can no longer handle the responsibility, then Julie's chances should be pretty good. The court is always required to do whatever is in the best interest of the child, so the judge will have to look at and consider all options and determine what's best for the child. Usually, that's going to be to place the child with a parent as opposed to foster care, making him a ward of the state, etc. also, if the father has issues of past abuse, then the mother should have the edge as being the best choice.

2. As for the timeframe, that really depends on the court docket and how soon the judge can hear the case. However, once the petition to modify custody is filed, it should be heard within 6 months or so. But, the court could award temporary custody to the mother until the court hearing - - the mother would just have to request it through a motion to the court. That would be something she could discuss with her attorney. This is likely if the great-grandmother states that she can't handle keeping the child any longer.

3. The NY courts would not have to be involved in anything. BUT, if the mother is granted custody and wants to go back to NY, she would have to ask permission from the Ohio court and then transfer the case to NY and it would take over from there. So, it is possible that the NY court will eventually be involved if the court approves the move and the case is transferred there.

Thanks for the questions, and if you need anything further, please don't hesitate to ask.
Roger, Attorney
Category: Family Law
Satisfied Customers: 30155
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks very much - that pretty much covers my concerns - I'll get back to you if there's anything else. (I'd appreciate it if JustAnswer's rules allow you to email me your answer (XXXXX@XXXXXX.XXX), so I can forward it directly to Julie.


Best regards,

Jonathan Lubell

Expert:  Roger replied 2 years ago.
Hi Jonathan -

I can't send an email, but you can copy the web address and email the link.

Thanks for allowing me to assist and if you have any other questions, Please let me know.

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