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  1. #1

    Cool Who Has Custody After a Parent Takes Kids Back from a Grandparent

    My question involves a child custody case from the State(s) of: Ohio, Kentucky, and California.
    Hello, I'm looking for help finding out who has legal custody of me and my younger brother as of now.
    When i was 5(2001), almost 6, my mother gave custody of my brother, sister and I to my grandmother and step-grandfather (her parents). The filing for custody was done in Butler County, Ohio, where my grandparents lived. I'm still unsure as to her reason for giving us up, but I think it had to do with both financial problems and legal problems of some sort. We'd been living with them for 10 years before they got separated in 2011. Up to this point my siblings and i were only able to see our mother for the occasional weekend. My grandma decided that she would move us to Los Angeles County, California, so that she could be closer to one of her many boyfriends across the country. She also asked my mother and her fiance to move out there with us so that my mother could "finally be mom again". We all moved to California in late March of 2011.

    We enrolled in school as is expected, and lived there for 10 months before we moved to Kentucky. During those 10 months my grandma had seen at least 3 different men that i know of, before meeting a 4th one, dating him for 2 weeks then having him move out to California from Hamilton, Ohio. He moved in with us on November 5th, 2011. My mother and step-father were unhappy in California because they were promised a lot of things from my grandma that they never got, such as a car, and a tattoo shop. On top of that they since they lived with my grandma, siblings and I in one house, they realized how badly we were treated by our grandma. The empty promises, combined with the many men our grandma brought home with her in the 10 month period, as well as the realization of how we were treated made my parents decide to move out and take us with them. On February 18th, 2012 my mom asked to talk to my grandma in private. She told her about the plan to move out in a couple months so she could have the house to herself and her man. My grandma did not respond well to the news and kicked my parents out that instant. On their way back into the house, my grandma sucker punched my mom from behind in the back of her head. My mom slapped her back. Mom had everyone pack up some small bags and we lived in a motel for the next 6 days before deciding, and moving to Kentucky. We went back to my grandmas house to do some final packing and we left.

    We moved in with some family of my mom's fiance since we couldn't afford our own place yet, we got enrolled on school, and lived with them until mid summer when we moved in with another relative. Finally on October 11, 2012, we got our own place. We've stayed here since. My sister has become 18, so she is no longer under anybodies custody as far as i know. My brother is 13 now, and I'm 16. I'm wondering whose custody I'm under. We've been away from my grandma for a year and 2 months now.

    A couple other things you might want to know:
    My father isn't in the picture, haven't seen him sine i was 3.
    My grandparents got divorced i think.
    My mom has tried to file for custody in Butler County, Ohio, where the switch was originally made. My grandma signed the papers, as did my grandpa because they were still only separated at the time. Butler County couldn't change the Custody for some reason, so they tried to send it to our current county, who also couldn't do anything. Pretty much no one knew what to do. The return of custody to my mom was never officially filed.


    My reason for asking: I'd like to leave my mom in Kentucky and live with a friend and his family in California. They've already offered to let me stay with them and so now i just need to figure out where to go from here so that if i do move in with them, it's not considered kidnapping and is completely legal. If you could help me figure this out that would be great.

    Go ahead and ask anything you need to know and i will answer to the best of my ability. Thanks for reading, and any advice/suggestions you can give me are welcome. Thanks again.

  2. #2
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    Default Re: Who Has Custody After a Parent Takes Kids Back from a Grandparent

    From what you've told us, your mother has custody.

    You have no legal right to run away from home.

  3. #3

    Default Re: Who Has Custody After a Parent Takes Kids Back from a Grandparent

    I'm not at all trying to runaway. i want to be able to live with my friend and his family legally so that i might be able to finish out school in California. i will of course talk to my mom about it, but i needed to know whether or not my grandmother would need to get involved. What kind's of permissions and papers would i need to be able to live with them if i am at all able to? Thanks for the quick reply?

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