Complex Custody Situation Explained

Summary

The user, a cousin of the child, is currently caring for the child due to concerns about the childs safety with the aunt, who has a drug habit. The user has joint custody rights in Kentucky but signed a custody paper in Ohio transferring rights to the aunt. The biological mother is not actively involved in the childs life. The user is advised to prioritize the childs safety, consider filing a motion to modify the custody agreement in Ohio, and consult with a lawyer for legal advice.

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Its a complex custody situation. I was awarded joint custody in the state of kentucky in sept * with the childs biological mother. The childs biological mother is my cousin. Well the bio mother moved from kentucky to scioto county ohio November *. They moved in with my other cousin the biological moms older sister who woulf be the aunt to the child. Well in august of * i met up with the bio aunt and apparently signed a custody paper awarding her my share of custody. Well she raises the child as her own as the biological mother has left. Then this year a situation arises and the aunt (ohio guardian) falls into a drug habit which she later admits to. I was concerned for the childs safety. I had forgotten that i signed a ohio custody paper. I went to the greenup ky courthouse where they provide me with custodial papers saying i have custody in ky. I moved to ironton ohio earlier this year. Well i took my kentucky custody papers and went to the residents where we agreed the child would stay with me. The gaurdian is still using and wants me to bring the kid back. I dont know if i should take the child back to that environment and cut my losses or do i still have any rights at all to protect this child
Do you have a copy of the Ohio custody paper you signed transferring your custody rights to the aunt?
Yes and the ky one
What is the exact wording of the Ohio custody paper you signed? This will help determine your legal standing.
Let me look
While you're looking, it's important to note that Ohio law generally prioritizes the best interest of the child in custody cases.
Okay it just pretty much said that i knowingly grant custody to joyce fannin it says something about
What is the exact date you signed the Ohio custody paper? This information is crucial to understand the timeline of events.
*/*/*
What is the current living situation of the child? Are they still living with the aunt who has a drug habit?
I have her in my custody
What is the child's current living condition and are there any immediate safety concerns?
She is with me in my home because her guardian refused to take a drug test and told me to come get her until she goes and takes one on her own and proves me wrong. The guardian is living at her brothers where the cops and cps are there all the time
What is the age of the child? This is important as Ohio law considers the child's wishes if they are of a certain age.
*
What is the current status of the biological mother? Is she involved in the child's life at all?
Shes not really involved. The child doesnt really know that shes her biological mom. She lives in ironton ohio
What is the child's relationship with the biological mother?

In Ohio, the best interest of the child is paramount in custody cases. This includes the child's relationship with parents, their wishes (if old enough), and their adjustment to home, school, and community.
Shes my cousin and we discuss the child
What is the nature of the child's relationship with the biological mother? In Ohio, the child's relationship with parents is a factor in custody decisions.
They love each other. The biological mother doesnt have a good living environment for a child
What steps have you taken to ensure the child's safety and well-being in your home?

In Ohio, the court considers the child's safety and well-being as a primary factor in custody decisions.
I have offered supervised visits and i pay for child care on my own for the child while i work
What is the current status of the Ohio custody agreement? Has it been legally modified or challenged since you took the child into your care?

Ohio law prioritizes the child's best interest in custody cases. If the child's safety is at risk, you may petition for a modification of the custody agreement.
Its notarized
What is the date on the notarized Ohio custody agreement? In Ohio, notarized custody agreements can be legally binding but can also be modified by a court if it's in the child's best interest.
*/*/*
What is the current status of the biological mother's living conditions? In Ohio, the court considers the child's safety and well-being as a primary factor in custody decisions.
She lives with her dad who is a registered sex offender
What is the nature of the sex offense the biological mother's father was convicted for? This is important as Ohio law considers the child's safety and well-being as a primary factor in custody decisions.
He went to prison for rape of minors under age which were his own kids
What steps have you taken to prevent the child from being exposed to the biological mother's father? In Ohio, child's safety is a primary concern in custody cases.
The biological mother will video chat the child or she and i meet in public
What is the current status of the aunt's drug habit?

In Ohio, the child's safety is paramount. If the aunt's drug habit is ongoing, it could be grounds for modifying the custody agreement.
It seems active. She was acting a certain type of way and then when she stopped for a couple days i have messages admitting to me she was using and trying to get clean. Now shes back to acting like shes using again and making threats to call cps and just refuses to meet me face to face
What kind of threats is she making? In Ohio, making false reports to CPS can result in penalties.
She just said it would be a shame if i called cps on you but i wont do that bc i love the girls is what she said
What is the nature of your relationship with the child? This will help determine your standing in any potential custody dispute. In Ohio, the child's best interest is paramount in custody decisions.
Im her cousin
What steps have you taken to legally establish your custodial rights in Ohio since the child has been living with you?
I have only had her a week. So im not sure if i have any legal rights in ohio
What steps have you taken to ensure the child's safety and well-being in your home?
I got her into the dr for a well check and feed and clothe her and pay for childcare
What is the current status of the child's health and well-being under your care?

In Ohio, the child's health and well-being are paramount in custody decisions. If you can demonstrate that the child is better off with you, it could help your case.
She seems to be doing okay. I just dont know where to go from here.
What steps have you taken to seek legal advice or representation in Ohio regarding this custody issue?
Ive contacted several places that either do not offer free consultation or do not practice ohio and kentucky family law
What is the current status of the child's relationship with the aunt who has a drug habit?

In Ohio, the best interest of the child is paramount in custody cases. This includes the child's relationship with parents, their wishes (if old enough), and their adjustment to home, school, and community.
She was initially raising the child as her own and shes coming after me saying i kidnapped her kid and she could call cps on me
What is the exact wording of the threat she made about calling Child Protective Services (CPS) on you?

In Ohio, false reports to CPS can lead to penalties including fines and imprisonment. It's important to keep any evidence of such threats.
She said it would be a shame if someone called cps and they came and took your kids away like you took mine
What steps have you taken to document the aunt's drug habit and threats? In Ohio, evidence of drug abuse and threats can be crucial in custody cases.
Screenshots. She wont verbally speak to me
What is the nature of the threats in the screenshots? In Ohio, evidence of threats can be crucial in custody cases.
Just that we are all going to pay for taking her kid and the cps thing and that its all gonna smack me in the fave
What steps have you taken to report these threats and the aunt's drug habit to the authorities? In Ohio, it's crucial to report any threats or child endangerment to the police or Child Protective Services.
I just went and picked up the child and have been trying to get everything established for the child in my csre
What steps have you taken to legally modify the custody agreement in Ohio since you've taken the child into your care?

In Ohio, custody modifications are generally granted if there's a significant change in circumstances and it's in the child's best interest.
I haven't yet i dont know how to go about that
What is the current status of the child's living conditions and are there any immediate safety concerns?

In Ohio, the best interest of the child is paramount in custody cases. This includes the child's relationship with parents, their wishes (if old enough), and their adjustment to home, school, and community.
She is adjusting. We take her to the dr. There are no safety concerns in my home
What steps have you taken to ensure the child's emotional well-being during this transition? In Ohio, the child's emotional health is also considered in custody decisions.
Im very patient and i am understanding and i talk to her and give her lots of love
What steps have you taken to seek legal advice or representation in Ohio regarding this custody issue? In Ohio, it's crucial to consult with a family law attorney to understand your rights and options.
Talking to you now
What is the child's relationship with you and how has she adjusted to living in your home? In Ohio, the child's relationship with potential guardians and their adjustment to home, school, and community are considered in custody cases.
Shes my little cousin. Shes adjusting just fine
What steps have you taken to ensure the child's emotional well-being during this transition? In Ohio, the child's emotional health is also considered in custody decisions.
Ive already answered this
What is the child's relationship with other family members and friends in your home?
Its good i have two kids of my own and my husband and i love her like shes ours
What is the current status of the biological mother's involvement in the child's life?

In Ohio, the best interest of the child is paramount in custody cases. This includes the child's relationship with parents, their wishes (if old enough), and their adjustment to home, school, and community.
They video chat daily
What is the nature of the child's relationship with the biological mother during these daily video chats?
Shes happy theyre both happy.
What steps have you taken to ensure the child's safety during these video chats with the biological mother?
I monitor them
What specific measures do you take to monitor these video chats?

In Ohio, the child's safety is paramount. If the biological mother's father is a registered sex offender, it's crucial to ensure the child's safety during these interactions.
Absolutely. I monitor everything
What is the nature of the threats made by the aunt? In Ohio, threats can be considered a form of harassment and can be reported to the police.
I already answered that
What steps have you taken to report these threats to the local authorities? In Ohio, threats can be considered harassment and can be reported to the police.
I havent
What is preventing you from reporting these threats to the local authorities? In Ohio, it's crucial to report any threats or child endangerment to the police or Child Protective Services.
I dont know who to contact
I dont know who to call
You can report the threats to your local police department. In Ironton, Ohio, you can contact the Ironton Police Department at (*) *-*.
What do i do do i give the kid back or do i need to call someone
What is the current status of the aunt's drug habit? It's important to ensure the child's safety. In Ohio, you can contact Child Protective Services at *-*-* if you suspect child endangerment.
I already told you that
What is the current status of the biological mother's living conditions?
Ive answers
I have answered that
What do i do
Have you considered filing a motion to modify the custody agreement in Ohio, given the change in circumstances? In Ohio, courts prioritize the child's best interest.
How can i do that
You can file a motion to modify the custody agreement at your local county court. In Ironton, Ohio, it's the Lawrence County Court. Their contact number is (*) *-*.
The case is in Scioto co ohio. I live in ironton
You can file a motion to modify the custody agreement at the Scioto County Court. Their contact number is (*) *-*.
So dont take the child back there or dont let them come get her
You should prioritize the child's safety. If you believe the child is in danger, contact Child Protective Services at *-*-*. Consult with a lawyer for legal advice.