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Absentee father seeks full custody following death of the mother.

child custody attorney Ohio Aug 2, 2026
Location: Ohio My sister-in-law, my husband's full biological sister, suddenly and unexpectedly passed last week after a brief illness. She leaves behind an 8-year-old daughter. The biological father is alive and well, but has been absent for over three years. He owes over $4000 in child support. What support he has paid in the past was paid for by his own mother. The child knows the father's name, but says she has no memory of him and does not remember the last time she saw him or what he looks like. For years, the family has not known his location or how to get ahold of him. Currently, the biological grandparents, my husband and his sister's parents, have temporary custody of the child. The long term plan was for my husband and I to file for full custody and adopt our neice. On the day of the mother's funeral, the biological called us to inform he wanted full custody. The father admits he has struggled with homelessness recently and only just gained fulltime employment and is working on getting set up to take her. Do my husband and I have any real case for custody against the biological father or is it likely the courts will favor him regardless of the information provided? We've spoken to a lawyer, but they are giving no real perspective and give the impression that the odds seem low. I don't want to get into a contentious custody battle that leaves our neice with further stress and trauma if it's a hopeless battle.
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