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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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Can my 16 year old granddaughter choose to live with me

Customer Question

can my 16 year old granddaughter choose to live with me instead of her mom. I was her legal guardian for 9 years and gave up custody last December.
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 11 months ago.

In Ohio, a grandparent can get child custody only if they can prove that the parent is unfit. If the parent has given up custody in the past, or allowed the child to reside with someone else, and has failed to be actively involved with the child upon the child returning to the home, the court can very well decide that the parent is not fit. Once that is determined, the court must also consider the best interests of the child. While it is most simple when the grandparent already has custody, if the grandparent used to have custody, and has maintained a strong relationship with the child, that is favorable to the grandparent. Their is a legal concept: in loco parentis- where one stands in the traditional role of parent; if that is the case the court is more likely to award custody.

They can also award the parent visitation, and possibly even supervised visitation if there is concern as to the parent's ability to behave properly in front of the child.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 11 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

Expert:  LegalGems replied 11 months ago.

Thank you for using Just Answer.
I hope the information provided was useful.

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