My twin sister was recently hospitalized in Ohio and is now on life support. Her doctors have begun end-of-life paperwork and do not expect her to survive much longer, possibly no more than a week.
She has two children, ages 8 and 12. One child’s father is deceased, and the other child’s father is currently incarcerated. We have no other immediate family who can care for them long term.
The children are currently staying with an elderly great-aunt in Clark County, Ohio. She has made it clear that this is temporary and that I need to take them as soon as possible. I had initially waited so the children could remain near their mother, but with school starting soon and my sister’s condition worsening, I want to bring them to live with me in San Diego, California, so I can provide stability and get them connected with mental health support. I am going out there this week for two weeks.
Before my sister became unable to communicate, we had discussed that I would care for the children if her health worsened. I have no children of my own and never planned on becoming a parent, but I know they would be safest and most stable with me, and I am prepared to do whatever is necessary to support them.
I am completely overwhelmed by the legal process and cannot seem to get clear guidance. I have contacted legal aid and tried to speak with someone while I was in Ohio earlier this month, but my calls have not been returned. Because the children are currently considered “safe with family,” no one seems to view the situation as urgent.
I am hoping someone can help me understand:
-What paperwork is needed for me to bring the children from Ohio to California?
-Can my sister sign anything while she is still alive if she is able to communicate or provide consent?
-Should I pursue temporary custody, legal guardianship, or another type of caregiver authorization?
-Would the case need to be filed in Clark County, Ohio, before the children move?
-How does the incarcerated father’s parental status affect the process?
-Is this something that requires an emergency custody filing?
-What type of attorney or agency should I contact if legal aid will not respond?
Thank you!