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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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What papers do I need to obtain custody niece and nephew. I

Customer Question

What papers do I need to obtain custody for my niece and nephew. I live in Ohio and they live in Illinos.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

Could you explain your situation a little further? Why are you seeking custody? Are the parents willing to sign over custody to you? Are the children in danger?

Customer: replied 1 year ago.
My neice and nephew we taking from their parents without any consent. My brother oldest daughter to them to Illnois. The parents have no rights because the oldest daughter told the court lies on them about abusing them. Although the parents do have records as well as the daughter they wont get custody. I feel the children are in a unstable enviroment and I can support them in all ways. My brother is a dying man and all he wants is for his children to be in a peaceful enviroment. And that I can do for him.
Expert:  Chris T., JD replied 1 year ago.

If they were taken without consent of the people with legal custody, then the first thing you need to do is call the police and report a kidnapping. Second, you can file a motion for emergency custody in Ohio, as you will see here: http://codes.ohio.gov/orc/3127.18

Expert:  Chris T., JD replied 1 year ago.

Once you do that, the court can set an emergency hearing to give you custody.

Also, you should call Child Protective Services in Ohio.

Customer: replied 1 year ago.
But I just found out and they gave the daughter temp custody in June. I feel like Im stuck. The next court date is on Monday 8/10
Customer: replied 1 year ago.
Im not satisfied with my answer by I do have to go, morning comes around to early. What do I nee to do to continue our conversation tomorrow evening? I already paid an amount and I have to conserve for traveling to court.
Expert:  Chris T., JD replied 1 year ago.

If your daughter has legal custody, you still have to be able to prove that the children are in danger to get them. If they aren't, then there would be no reason for a judge to disturb the current custody arrangement.

Customer: replied 1 year ago.
She has cancer as well, I feel if she goes, then the children will be left to her wife. That's is another reason I want to take custody.
Expert:  Chris T., JD replied 1 year ago.

At this point, however, it doesn't appear as though there is an emergency situation. It may be smart for her to leave you custody of the children if she passes, but to get an emergency order, the children must be in immediate danger.