Legal Question in Family Law in Ohio

Custody

My neice has given custody of her daughter to my sister which is the maternal grandma. My question is does that document need to be recorded at the clerk of courts to make it legal , the document has been notarized so doesn't that make it legal and binding


Asked on 3/30/07, 9:52 am

2 Answers from Attorneys

Benjamin Partee The Law Office of Benjamin J. Partee

Re: Custody

Notarizing a document does not make it legal and binding. Nor does giving the document to the Clerk. It is unlikely that the document your sister has gives her legal custody, unless it is a court order.

In order to have custody legally established, your sister will need to go through the courts. An attorney practicing in family law would be able to help on this matter.

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Answered on 3/30/07, 10:01 am
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Custody

If this is a kinship care affidavit or power of attorney, where the parent is granting a grandparent custodial care of a child, it needs to be presented to the juvenile court of your county and certified. It will be given back to you, but recorded that you presented it.

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Answered on 3/31/07, 5:54 pm


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