custody of a friend's child

[tracey2771]

I need some good help/advice! A family was living with me this winter when we had severe freezing for two months and their pipes and well froze. The kids were kept out of school so I had the dad/boy/two girls move in with me and my son until things thawed. I had to physically kick the dad out...he had no job and did nothing and after two months I told him he needed to leave. The kids were welcome to stay here as long as necessary, but he got the "generator" running (that is how he provides electricity to the house) and took the two younger ones with him. The oldest daughter would not go and wants to stay with me. She's been here for almost four months now and does not want to go home...she will be turning 16 in May and has a place to live/ a car to drive when legal/food/and ppl who love her...what can I do that won't cost a fortune to get something permanant...she is petrified her dad will eventually make her go home.  Her mother(divorced from the dad), has the actual custody, but let the child live with the dad b/c she has mental issues.  She is willing to give me residential custody, but I want to do something legally and not just with a notorized paper.

We live in Ohio and I need to know what to do for her to stay with me...she is well taken care of and her grades are wonderful, now...I help her every night with her homework and am home to get her on/off the bus since I do home health and bring my "cutie" to my home to be here for my natural son.  We thought she could "emancipate" herself, but it seems that is at 18.

Thanks for any advice!!!!!

Tracey

[williaer]

I'm pretty sure the dad can't "make" her do anything if the mom has custody and is allowing her to stay. I would do an agreement with the mother and file it with the court. It would be the cost of the filing. If the dad has shown no interest in having custody in 4 months, I think you have a fairly good chance.

The issue is- if the mother is giving up custody (in a sense)- the court is going to want her to go to the father first- since I'm sure he has court ordered parenting time with her.....

I don't know if there is a way aorund this without an attorney if he fights it.