Legal Question in Family Law in Ohio

My husband and I have been taking care of a child for 2 years, he is almost 3. The father is a friend of ours who got custody of all 3 of his children when the mother went to prison and gave up her rights to the children. He was unable to care for all 3 so he asked us to take the youngest he was 10 months at the time. It is now come to our attention that he might be getting the 2 children that live with him taken away. The question is will cps come take our child as well since we have no legal guardianship of the child?

Asked on 8/18/16, 10:47 am

1 Answer from Attorneys

Dan Guinn Guinn Law Firm, LLC

CPS will want to know if he has any other children so you may be getting a call from them. But the last think that CPS wants is more children in foster care. So, as long as the child is being taken care of then they are unlikely to move the child from your care. However, you should not wait to see if CPS will take the child or not. Instead, you should IMMEDIATELY file for custody of the child. You have a legitimate basis since the mother is in prison and the father has allowed you to have custody for a significant period of time. Thus, they have both "abandoned" the child.

If you have any other questions do not hesitate to contact me at [email protected] or 330-343-1421.

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Answered on 8/18/16, 4:24 pm

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