Every child deserves a permanent, stable home. The
following is a discussion of two ways to achieve this: Legal Custody and
Permanent Custody.
Legal Custody
If you are awarded legal custody of a child, you are responsible for rearing
that child until (s)he reaches adulthood. Adulthood is usually reached when
children turn 18 or graduate from high school, unless they are mentally or
physically handicapped. You will be expected to rear the child yourself. This
responsibility cannot be given to someone else, including the biological
parents, unless the court orders custody to someone else. You cannot return the
child to his/her biological parents without a court order.
During the time you have legal custody, the court may order the child's
biological parents to pay you child support. And, if you are related to the
child, you may be eligible for OWF (Ohio Works First) assistance.
Also during the time you have legal custody, the biological parents have the
right to visit with the child. The court will decide what the visitation
arrangements will be and, in some cases, the court may decide that the
biological parents are not allowed to visit at all. You must always follow the
orders of the court. The grandparents of the child may also have the right to
visit the child.
During the time you have legal custody, the child cannot be returned to the
biological parents without a court order. If the biological parents ask the
court to return the child to them, you will have the opportunity to provide
input before the court makes a ruling. If you are not willing to return the
child to the biological parent(s), the child will remain with you unless:
-
The biological parent proves to the court that there has been a change in
circumstances (i.e. juvenile delinquent, medical condition, etc.) of the child
- The court decides this would be in the best interest of the child.
This means the biological parent must prove that something has changed with how
the child is being reared. For example, you could become ill and unable to care
for the child or, the child's behavior has made it difficult for you to continue
caring for him or her. The court will not necessarily return the child just
because the biological parent has changed.
Permanent Custody
If LCCS asks the court for permanent custody, it is because the agency plans to
find an adoptive family for the child. Once the agency receives permanent
custody of a child, you may then apply to adopt the child
When you adopt a child, you are responsible for rearing that child until they
reach adulthood. Adulthood is usually reached when the child turns 18 or
graduates from high school, unless that child is physically or mentally
handicapped.
When a child is adopted, the biological parents do not have the right to visit
the child. However, you may allow the biological parents to visit if you feel
that it is in the child's best interest. (This also applies to relatives.) The
biological parents lose all rights to the child and can never get the child
back. Adoption is permanent. Also, the biological parents are not required to
pay child support after the child is adopted. However, once adopted the child
may still be eligible to receive social security benefits from the biological
parent.
If the child you wish to adopt is considered a "special needs" child, you may be
eligible to receive state and federal money to help you rear the child. This
money is called an "Adoption Subsidy." If LCCS obtains permanent custody, the
agency will provide you with more information regarding this issue.
For legal definitions of custody, see sections 2151.01 (17) and 2151.01 (26) of
the Ohio Revised Code.
