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Category: Legal
Satisfied Customers: 17252
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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As a foster parent, with placement of children for 12 months,

Customer Question

As a foster parent, with placement of children for 12 months, can I petition for permanent custody when biological parents rights have been terminated, in Ohio?
Submitted: 7 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 7 years ago.
Yes, often time, the foster care parent will file for adoption, but an easier step would be first file custody, and since the children were living with you would get it. However, be aware as a foster parent, the foster care agency may object to a custody determination for you, as they soemtimes claim that your agreement is to take care of the children, until a permanent home is found.,
Customer: replied 7 years ago.
In this case, a "relative" has come out of the woodwork whom the children have visited only a few times, and were not part of the children's live when with birth mom. Children's services in OH favors kinship placements, regardless of the best interest of the child. So, as a bonded "parent" to these children, foregoing another disruption in their life and leaving them in a stable and happy home should be in the best interests of the child. Here, they only allow adoption when TPR has occurred, and no other "kinship" can be found. My real question is can I still petition the court by advocating that the best interests of the children is to stay in the home in which they are well-adjusted and loved.
Expert:  WALLSTREETFIGHTER replied 7 years ago.
you can do that, but the foster care agency would object as they will want them to go to their family member, but you would need to argue that the kinship member is unfit to raise the children. My suggestion would be to start adoption procedures that is the best way to protect the children, and the agency should not object an fight you.
Customer: replied 7 years ago.
Relist: Incomplete answer.
I would prefer someone who is familiar with the laws of the state of OH, and more specifically, Franklin County.