How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney2 Your Own Question
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 5658
Experience:  28 Years In General Practice,
68197583
Type Your Legal Question Here...
Attorney2 is online now
A new question is answered every 9 seconds

We have legal guardianship of two sisters one is 5 an 11 we

Customer Question

we have legal guardianship of two sisters one is 5 an 11 we have them about 5 years can daddy break the guardianship no mother
Submitted: 1 year ago.
Category: Legal
Expert:  Attorney2 replied 1 year ago.
Welcome and thank you for your question. I will be the Attorney that will be assisting you.
A guardianship is not the same as adopting a child or children. The father still has rights unless the court has severed his parental rights.
Do you know if the father's parental rights severed by the court or if he voluntarily agreed to terminate his rights?
Expert:  Attorney2 replied 1 year ago.
The father can interfere with the guardianship if his rights have not been terminated either voluntarily or involuntarily.
A guardianship is used when the parents are unable or unwilling to care for their children. An example would be if the parent is incarcerated or is battling drug abuse.
5101:2-42-95 Obtaining permanent custody: termination of parental rights.
The law that governs guardianships in Ohio can be found at
2111.01 Guardian and conservatorship definitions.
http://codes.ohio.gov/orc/2111
The only time a parent loses the rights with regard to their children is by the voluntary or involuntary termination of their rights.
Grounds for terminating parental rights
http://family.findlaw.com/parental-rights-and-liability/checklist-grounds-for-terminating-parental-rights.html
“A guardianship is a legal relationship between a minor child and a guardian that gives the guardian certain rights and obligations regarding the child. A guardianship does not sever the legal relationship that exists between a child and his or her biological parents, however. Instead, it co-exists with that legal relationship.
An adoption, on the other hand, permanently alters the legal relationship between a child and his or her biological parents. Adopted parents become the legal parents and biological parents give up all parental rights and obligations. This means that biological parents no longer owe child support, and that the child can no longer automatically inherent from his or her biological parents”
http://family.findlaw.com/guardianship/faq-on-guardianship-of-minor-children.html
Do you know if the father's parental rights have been terminated?
Please feel free to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it. Thank you for using JA!