Obtaining custody

[three3dragons]

Jurisdiction

Virginia

I am trying to find out what the procedure is to obtain custody of my grandson. My sister has had custody of him since January 2011. Unfortunately, she is in the ICU unit of a hospital in Ohio, where she lives, and is unresponsive. We have been told her outlook is 'grim'. What do I need to do to get custody of my grandson so that I can take care of him if my sister does not survive? She was awarded custody by the court in Newport News, Va. My wife and I are moving to Ohio to ensure he does not get uprooted and can continue in his present school. We would like to bring him to our home in Columbia, South Carolina, for the rest of the summer since his guardian is incapable of caring for him now. That will give us time to move and ensure that he is cared for. What should we do to make sure this is acceptable legally?

 

[army judge]

What should we do to make sure this is acceptable legally?

First of all, let's hope your sister's health improves.

However, even if it does, someone will need to care for your grandchild.

This is probably going to be very complicated.

The custody order was issued in VA, and your sister probably neglected to have one issued in Ohio after she relocated.

You're going to need a lawyer to help you with this one.

You can probably care for the child during the school break, but without a custody order, you're going to have trouble enrolling the kid in school this fall in SC or OH.

If you stay in OH, schooling shouldn't be a problem, especially in Ohio.

The easiest solution would involve you and your husband becoming co-guardians of your sister in Ohio.

That might be complicated if she's married, or has adult children who impede your progress.

If you become your sister's legal guardians, based upon her medical incapacitation, the order could address the child custody issue, at least on an emergency basis.

Again, you're going to need to retain counsel to petition for an emergency hearing to obtain guardianship of both your sister and her ward.

God bless you both as you embark on your mission of mercy.

Please keep us posted, and my wife and I will be praying for your family.

 

[three3dragons]

First of all, let's hope your sister's health improves.

However, even if it does, someone will need to care for your grandchild.

This is probably going to be very complicated.

The custody order was issued in VA, and your sister probably neglected to have one issued in Ohio after she relocated.

You're going to need a lawyer to help you with this one.

You can probably care for the child during the school break, but without a custody order, you're going to have trouble enrolling the kid in school this fall in SC or OH.

If you stay in OH, schooling shouldn't be a problem, especially in Ohio.

The easiest solution would involve you and your husband becoming co-guardians of your sister in Ohio.

That might be complicated if she's married, or has adult children who impede your progress.

If you become your sister's legal guardians, based upon her medical incapacitation, the order could address the child custody issue, at least on an emergency basis.

Again, you're going to need to retain counsel to petition for an emergency hearing to obtain guardianship of both your sister and her ward.

God bless you both as you embark on your mission of mercy.

Please keep us posted, and my wife and I will be praying for your family.

Thank you, judge, the wife and I will be doing what we can to find a lawyer to get this taken care of. I know the court order from Virginia is the only one on record. Is guardianship difficult to obtain?

 

[army judge]

Thank you, judge, the wife and I will be doing what we can to find a lawyer to get this taken care of. I know the court order from Virginia is the only one on record. Is guardianship difficult to obtain?

Absent the potential barriers I discussed, based upon the current medical issues, you seem to have a compelling case.

 

[zddoodah]

My sister has had custody of him since January 2011. . . . She was awarded custody by the court in Newport News, Va.

Because . . . ???

We would like to bring him to our home in Columbia, South Carolina, for the rest of the summer since his guardian is incapable of caring for him now.

Who has been taking care of him since your sister went into the hospital? Is that person amenable to your plan? Where are the parents?

By the way, is your sister the child's guardian, or does she have custody? Legally, those are distinct things.

What should we do to make sure this is acceptable legally?

The starting point would be to discuss this with a lawyer in Newport News where the court "awarded custody" six years ago. I'm uncertain whether any action would take place there or in a court in Ohio where your sister and the child presently live.

 

[three3dragons]

My sister has custody of my grandson. The person caring for him now is of the same mind on my wife and I taking custody. I am checking both states to see if it could be done in Ohio. If the court in Ohio says we can do it there it would make everything much easier!