Filing second POA tomorrow

[janM]

I wrote to you a while ago about the Ohio HB130 grandparent power of attorney. (http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_130)

Both parents and I have signed and notarized a second one, as the first will expire in early September (a year) and my grandson's school requires it to be filed with court and a copy for them.

The filing of a second one requires a hearing to be held within 10 days of filing, to determine if the POA is in the child's best interest (Sec. 3109.76 and 77).

My son, who has legal custody of the boy, has in the past been very resistant to a suggestion of a change of custody to me. Part of the text of this law states that one of the options the court "may" do is treat this as a petition for legal custody and grant it to the grandparent who is the attorney in fact.

My son and bm are unaware of this option. I'm not sure if she'll even get notice of the hearing since she also signed. I don't know if the options will be listed on the notice of hearing.

Since this law is just over a year old, I'm not sure if this magistrate is aware of this option. I had thought of including, with the filing, a copy of the pertinent paragraphs - but techically my son is filing it, and I wouldn't want the mag asking him if he was petitioning for a change in custody. I may ask the clerk if she knows of others on file or if they have had second ones filed. They may not have expired yet.

I am thinking I may need to tell my son, before the hearing, that in order to make our case I'll need to point out some less than favorable things about him and/or his situation. But if I overdo it, I risk getting son riled up and maybe taking GS when he is ill-prepared to do so. Some issues include son's diagnosed depression and social anxiety that he self-medicates; living upstairs from a bar that he frequents; lack of finances and support to us; lack of significant contact with GS, etc.

I'm not sure what to ask you.

1. Any ideas on how the heck I ask for custody without coming out and saying it?

2. Should I just point out the reasons for asking for the POA and hope for the best? (we have had him for over a year.) Maybe mention the options but say that we haven't asked for custody because son was opposed to it and we want to keep peace in the family?

Any ideas welcome and thank you in advance.

[socrateaser]

>1. Any ideas on how the heck I ask for custody without coming
>out and saying it?

You are asking me to help you deceive your son, so as to gain an advantage with the court, in order to advance your own interest in obtaining custody, when you are being awarded a guardianship that demands that you observe a fiduciary duty to your son. To say that there is a conflict of interests here, is to understate the size of the Grand Canyon.

I cannot help you do what you are trying to do. You need your own attorney to advance your interests, and you need to make those interests clear to the court and to your son. If you don't, and you are later found to have committed a breach of fiduciary, you will get hammered by the court.

>
>2. Should I just point out the reasons for asking for the POA
>and hope for the best? (we have had him for over a year.)
>Maybe mention the options but say that we haven't asked for
>custody because son was opposed to it and we want to keep
>peace in the family?
>

I think that you should tell the court what you want and why, and let the cards fall where they may.

[janM]

Ok, I've had my hand slapped.

I think I'll just play it by ear in the hearing.

If it's approved for another year, I'll make sure my son knows that if he revokes it (takes GS), he has ALL the parenting duties that I have been doing, including dealing with teachers, doctors, and filling out forms (which he hates).

If it's not approved, for whatever strange reason, I may suggest that if he is unprepared for the job, he consider (with bm) signing over custody.

If I'm given custody, so be it.

Apparently there are others on file in our county, we are the first to file a second one. We should get notice of the hearing shortly.

Thanks.