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I am raising my 1 yo granddaughter for the last 10 months.

mom has a mental illness...
I am raising my 1 yo granddaughter for the last 10 months. mom has a mental illness and was not taking care of her. the baby has never bonded with mom and runs from her when she calls her. Mom wants to take the baby out of my home and move in with her boyfriend(not the baby's dad) she has never taken any interest in the baby until 2 weeks a go when the boyfriend said she has to bring the baby with her when she moves in with him. I am at my wits end and afraid that something bad will happen to my granddaughter. Mom has quit taking her medication cause boyfriend says she does not need them. do I or is there anything I can do? I live in Ohio
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Answered in 3 minutes by:
11/1/2012
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Thank you for your question. Please permit me to attempt to assist you this evening.

If I may ask, do you have formal rights to the child? By that I mean do you have a guardianship decree? Or were you caring for the child informally?
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Customer reply replied 5 years ago

all I have are POA papers that mom and dad signed and we had them notorized

Thank you for your follow-up.

Not a problem, and I happen to somewhat disagree with your attorney's opinion. While it is true that you generally have to have a signature to do anything, since you have been the de facto caretaker for a year, you personally can go to court, even tomorrow, and file an emergency petition for emergency sole guardianship, based on your current bond with the child, and the complete unfitness of your daughter. If the judge grants such an order, you would no longer have to give the child over to the mother, and would instead have to later on go to court so as to establish permanent guardianship. But if you do not obtain custodial rights, then I am afraid that her rights as a mother would trump you rights, and you would have to provide her with the child, even over your own objections.

Good luck.

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Customer reply replied 5 years ago

do I go to the juvenile court in my county and file this and is there some place I can download a copy of emergency petition?


 

Thank you for your follow-up.

That is correct, you go to the family court in your county. The county clerk should have a copy of this petition for you to fill out and file. If they do not have a copy, such courts have a law library attached to the courthouse, and a template could be obtained there from the law librarian. Each court system has their own version of this form so it generally does not exist online, but you should be able to get it from the clerk--you can do a search online for their county website, as they may have it there for download also.

Good luck.

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Customer reply replied 5 years ago

THANK YOU so very much This has been so helpful. To the courthouse I go first thing in the morning and again THANK YOU

You are most welcome, truly! I wish you the best of luck, and just remember to stress that you have a bond with the child, you raised the child yourself, and the other parent has been completely absent from her life.

Good luck and kindly do not forget to rate my answer to you as otherwise I cannot obtain credit for my work. Thank you!

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
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Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41,221
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Experience: I provide family and divorce law advice to my clients in my firm.

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