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Custody, Adoption an Guardianship Questions Part 1

How does my husband adopt my daughter to be her father?

In this situation, you will have to file for a stepparent adoption. In Ohio, if a parent has not supported or contacted their child for a year or more, that parent’s consent is not needed; however, that parent must still be notified. There are many steps to a stepparent adoption; be sure to consult with an attorney with experience in this kind of case.

How much weight will a 16 year old’s wishes have when it comes to a custody dispute?

It depends on several things: the maturity level of the child; the judge; the circumstances surrounding the custody dispute. Sixteen is pretty old, so most family court judges will give a lot of weight to the child’s preferences, especially if he has a reasonable justification for why he wants to live with his mother full time.But the child’s reason for wanting to live with his mother could have an effect on how much weight the court gives it, too. There’s a big difference between, “I don’t want to live with Dad because we fight all the time,” and “I don’t want to live with Dad because he makes me do my homework.”

How do I change the guardianship of a child from the godmother to a family member?

A guardianship needs to be dissolved to change guardians, whether the dissolution is contested or uncontested. Consult with a family law attorney to help you in this process. A Guardianship does not create a change in custody, so please consult with an attorney before doing anything.

Chris Gasper