Child Custody Complexities Unraveled

Summary

The user, residing in Ohio, has full legal custody of a non-related, disabled child. The child was sent to live with his great aunt and mother in New York, but due to safety concerns, the user revoked the POA and kept the child in Ohio. The childs father, who lost custody due to neglect, is trying to regain custody. Meanwhile, the mothers lawyer has filed an emergency order in New York to return the child. The user is unsure about her rights and the exact nature of her custody order. The childs health is being managed with regular doctor visits and medication for seizures.

Full Conversation

Custody issue
Could you please specify the state you're in? This is to provide you with the most accurate information regarding custody laws in your location.
I have legal full custody of a child that is no relation to me. I gained custody through a cps case back in *
What state are you currently residing in? This will help me provide you with the most accurate information regarding custody laws in your location.
Im in ohio
What is the age of the child?
I sent the child to live with his great aunt and mother in new york and gave his aunt POA so they could try to eventually get custody over the year
What is the current status of the custody case?

For New York:
- Custody is determined by the child's best interest.
- Courts consider stability, parents' health, and child's wishes.
- Contact: New York Family Court, (*) *-*.
*
What is the reason for transferring the child's custody to his great aunt and mother?

For Ohio:
- The court considers the best interest of the child for custody.
- Contact: Ohio Family Court, (*) *-*.
Because im trying to reunify the child to one of his family members. I took him in thinking one of them would take custody eventually
What steps have the great aunt and mother taken to gain custody in New York?

For New York:
- They need to file a petition in Family Court.
- Contact: New York Family Court, (*) *-*.
Nothing and they did not inform me of any decisions they made with him and they wont tell me what school or drs he went to while there as well. They sent him to live with me over the summer and I didnt feel it was safe to send him back
What actions have you taken since you felt it was unsafe to send the child back?

For Ohio:
- You can file a motion to modify custody.
- Contact: Ohio Family Court, (*) *-*.
I revoked the POA and told them he was not returning to New York
What is the current living situation of the child?
He is still currently with me but we have filed a motion to have him placed with his father for the school year, this year under my supervision
What is the current status of the motion you have filed to place the child with his father?
Residential guardianship
What is the father's stance on this residential guardianship?

For Ohio:
- The court considers the best interest of the child for custody.
- Contact: Ohio Family Court, (*) *-*.
He is wanting to try to reunify with his child and gain custody back as long as the courts see fit
What steps has the father taken to regain custody? For Ohio: - Father can file a motion for custody modification. - Contact: Ohio Family Court, (*) *-*.
He has taken parenting classes and has been through a rehab program as well as drug screens through his PO
What is the result of the father's drug screens?

For Ohio:
- Positive drug screens can impact custody decisions.
- Contact: Ohio Family Court, (*) *-*.
He lost all of his children through cps from neglect and one of the children was being abused but no one was ever charged
What is the current status of the father's CPS case?
It is closed
What is the current living arrangement of the other children?
They all have been seperated and live with a family member
What is the current status of the father's efforts to regain custody of his children?
He filed a motion to gain Residential guardianship of the child i have
What is the current status of the father's motion for residential guardianship?
It was filed today
What is the next step in the process after filing for residential guardianship in Ohio?
But his mothers lawyer sent me a intent to file a motion to take said child back from me and to have him remain in new york pending custody
What is the current status of the mother's intent to file a motion for custody in New York?

For New York:
- The mother can file a petition for custody.
- Contact: New York Family Court, (*) *-*.
The motion was filed yesterday
What is the next step after the mother's motion for custody has been filed in New York?

For New York:
- The court will schedule a hearing.
- Contact: New York Family Court, (*) *-*.
And its an emergency order to show cause seeking, among other things, directing the return of child
What is the current status of the emergency order to show cause?
The order has been filed
What is the date for the hearing of the emergency order to show cause?
I have not received a date yet
What is the current status of the child's living situation while these legal proceedings are ongoing?
He will still be in my custody
What is the child's preference regarding his living situation?
The child is non verbal and non mobile he is disabled
What is the nature of the child's disability?
He was born disabled and has a mental capacity of a *-4 year old
What steps have been taken to ensure the child's special needs are being met in his current living situation?
He sees all his proper doctors and is on * different siezure medications
What is the child's overall health condition with the current medical treatment?
He has not been fully diagnosed with an exact medical condition
What steps are being taken to get a full diagnosis for the child's medical condition?
He has seen the same doctor somce birth and he sees a neurologist
What is the neurologist's opinion on the child's condition and its management?
They put him on * different seizure medications and do routinely ct scans
What is the outcome of these routine CT scans?
Figuring out the cause of seizures
What is the current status of the child's seizures with the prescribed medications?
Hes doing great
What is the next step in your legal process regarding the child's custody?
That is my question im not sure what my rights are or if his mother can try to take him back from me when i have court order legal custody
What is the exact wording of the court order regarding your legal custody of the child?
It is hereby ordered they "child" is placed in the legal custody of my husband and I, residing at "my address". All prior orders not inconsistent herewith remain in full force and effect.
What is the exact nature of the court order you have? Is it temporary or permanent custody?
Im not sure
What does the court order say about the duration of your custody?
It just says it will be closed and he will be placed in the legal custody of me
What is the exact wording of the clause that mentions the case will be closed?
It just has the case number and his name and then states it will be closed
What is the exact wording of the clause that mentions the closure of the case?
It used to be temporary custody when I initially got him this was for full custody
What is the exact wording of the court order granting you full custody?
The case will be closed and he will be placed in legal custody of me
What is the exact wording of the clause that mentions the duration of your legal custody?
It doesnt state that
What is the exact wording of the clause that mentions your rights and responsibilities as the legal custodian?
I dont have that information just that he is placed in my legal custody
What is the exact wording of the clause that mentions the child's placement in your legal custody?
It does not state that
What is the exact wording of the clause that mentions the child's placement in your legal custody in the court order?
It has a case number but no clause
What is the exact wording of the court order that granted you full custody of the child?
Will be now closed and with child being placed in legal custody of "my name"
What is the exact wording of the clause that mentions the child's placement in your legal custody in the court order?
Does not say
What is the exact wording of the clause that mentions the child's placement in your legal custody in the court order?