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  1. #1
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    Sep 2017
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    493

    Default Guardianship Objections from a Parent Not Informed of the Proceeding

    My question involves a person located in the state of:Ohio.

    I have a hearing for guardianship of my 18 year old autistic son. His biological father was not notified of the hearing because he lives out of state, but he will be notified once the hearing is over and I am granted guardianship. The court told me that his father could file an objection to the decision. I feel like I shouldn't be overly concerned even if he does because he's had no contact with him for 4 years and there is also a domestic violence protection order in place protecting us. Given these circumstances, I can't imagine that any objection would be a threat. Am I being realistic in thinking this? His dad generally likes to cause problems whenever possible and files objections to everything that he can file objections to. From what I have read through the required training hours for guardianship, it looks like objections have to be pretty detailed and show a reason why I would be unfit or that there was fraud involved in making the determination. I'm just making sure I am correct.

  2. #2
    Join Date
    Oct 2016
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    3,297

    Default Re: Guardianship Objections

    Sorry, we don't know your ex. So we have no idea what actions he might take. But if you aren't concerned why not just give him proper notification before the hearing. It would certainly look better than doing it behind his back.

  3. #3
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    Jul 2018
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    1,732

    Default Re: Guardianship Objections

    Quote Quoting PMMH
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    I have a hearing for guardianship of my 18 year old autistic son. His biological father was not notified of the hearing because he lives out of state, but he will be notified once the hearing is over and I am granted guardianship.
    I'm curious why you refer to this man as "biological father." Does your child have any other sort of father? Also, that he lives out of state is not a valid reason for not notifying him regarding the hearing. Did you not notify him on advice of legal counsel?


    Quote Quoting PMMH
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    The court told me that his father could file an objection to the decision. I feel like I shouldn't be overly concerned even if he does because he's had no contact with him for 4 years and there is also a domestic violence protection order in place protecting us. Given these circumstances, I can't imagine that any objection would be a threat. Am I being realistic in thinking this?
    I'm not sure which of the things you mentioned "this" refers to, but we know nothing about this man or your situation other than what you put in your post, and no one here can intelligently opine about a hypothetical objection without knowing contents of and basis or bases for the objection.


    Quote Quoting PMMH
    View Post
    From what I have read through the required training hours for guardianship, it looks like objections have to be pretty detailed and show a reason why I would be unfit or that there was fraud involved in making the determination. I'm just making sure I am correct.
    I have little doubt that any objections would need to be coherently made and supported by factual and legal bases.

    The only thing anyone here can really tell you is that your failure to notify the child's father might, by itself, be grounds for denying your petition or for reconsideration.

  4. #4
    Join Date
    Sep 2017
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    493

    Default Re: Guardianship Objections

    Quote Quoting PayrolGuy
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    Sorry, we don't know your ex. So we have no idea what actions he might take. But if you aren't concerned why not just give him proper notification before the hearing. It would certainly look better than doing it behind his back.
    Look better to whom? The state of Ohio whose laws state that no next of kin outside of the state shall be served notice? I provided the court with all relevant information, they do not notify out of state persons of hearings for guardianship of adults.

    Quote Quoting pg1067
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    I'm curious why you refer to this man as "biological father." Does your child have any other sort of father? Also, that he lives out of state is not a valid reason for not notifying him regarding the hearing. Did you not notify him on advice of legal counsel?

    I refer to him as the biological father because he is the biological father. This leaves no need for further speculation if there are paternity issues or if paternity has been established. He is the biological father, it's pretty clear what that means. The Probate Court did not notify him because he lives out of state and Ohio law states that only next of kin within the state are notified of pending hearings.




    I'm not sure which of the things you mentioned "this" refers to, but we know nothing about this man or your situation other than what you put in your post, and no one here can intelligently opine about a hypothetical objection without knowing contents of and basis or bases for the objection.

    Generally, a pronoun refers to the noun or phrase immediately preceding it. I think you can figure out the rest as a person with an obvious grasp of the English language.



    I have little doubt that any objections would need to be coherently made and supported by factual and legal bases.

    The only thing anyone here can really tell you is that your failure to notify the child's father might, by itself, be grounds for denying your petition or for reconsideration.


    I did not fail to notify him. Ohio law states that he is not to be notified due to being outside of the state. Specifically stated in ORC 2111.04


    (2) In the appointment of the guardian of an incompetent, notice shall be served as follows:

    (a)

    (i) Upon the person for whom appointment is sought by personal service, by a probate court investigator, or in the manner provided in division (A)(2)(a)(ii) of this section. The notice shall be in boldface type and shall inform the alleged incompetent, in boldface type, of the alleged incompetent's rights to be present at the hearing, to contest any application for the appointment of a guardian for the alleged incompetent's person, estate, or both, and to be represented by an attorney and of all of the rights set forth in division (C)(7) of section 2111.02 of the Revised Code.

    (ii) If the person for whom appointment is sought is a resident of, or has a legal settlement in, the county in which the court has jurisdiction, but is absent from that county, the probate court may designate, by order, a temporary probate court investigator, in lieu of a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code, to make the personal service of the notice described in division (A)(2)(a)(i) of this section upon the person for whom appointment is sought.

    (b) Upon the next of kin of the person for whom appointment is sought who are known to reside in this state.

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