Questions Answered by David Scott Heier Esq

1 Answer | Asked in Family Law for Ohio on Oct 8, 2013

David Scott Heier Esq's answer
A Will is used to distribute property and also to appoint an executor to carry out the terms of the Will. The executor is the one who is in control of distribution of property and the payment of debts. If this is a Will that is being probated, then a ...
 
 

1 Answer | Asked in Family Law for Ohio on Oct 12, 2013

David Scott Heier Esq's answer
When permanent legal custody is granted, the biological parents in this situation lose all their parental rights. The legal parents can petition the Probate Court for a name change.
 
 

1 Answer | Asked in Family Law for Ohio on Oct 24, 2013

David Scott Heier Esq's answer
If parents have shared parenting, then the parties must follow the shared parenting plan that was filed with the court. Once a man admits paternity and then is granted shared parenting, a paternity test is little bit late and will not be granted by the court.
 
 

1 Answer | Asked in Family Law for Ohio on Oct 26, 2013

David Scott Heier Esq's answer
A juvenile court magistrate can remove a child from the home of a parent if there are allegations of child abuse, child neglect or dependency. When a complaint is filed with the court by child protective services, it is based upon allegations and facts ...
 
 

1 Answer | Asked in Family Law for Ohio on Oct 28, 2013

David Scott Heier Esq's answer
Upon birth of a child born to a mother who is unmarried, the mother has sole and exclusive custody. If a mother abandons the children for a significant period of time by leaving them with the father who is acknowledged on the birth certificate, the mother ...
 
 

1 Answer | Asked in Family Law for Ohio on Oct 31, 2013

David Scott Heier Esq's answer
If an x-spouse cannot be reasoned with, then being in a relationship with the other spouse will be challenging. There is no magic legal document that will fix this. An x-spouse has a legal right to be mean, despiteful, vengeful, demanding, and controlling. ...
 
 

1 Answer | Asked in Family Law for Ohio on Nov 12, 2013

David Scott Heier Esq's answer
When a child reaches an age old enough to exhibit the ability to make sound decisions with sufficient maturity, then that is probably a good time to file a motion to modify custody.
 
 

1 Answer | Asked in Divorce Law for Ohio on Dec 28, 2013

David Scott Heier Esq's answer
When a Decree of Divorce is signed by the Judge and filed with the clerk, the case is ended. If the divorce ended by agreement of the parties, the divorce decree will indicate that a divorce is granted to both parties. Usually, the grounds are ...
 
 

1 Answer | Asked in Divorce Law for Ohio on Dec 30, 2013

David Scott Heier Esq's answer
The clerk of courts in your county receives all the filings for divorce. If the clerk or the Domestic Court has a website, you might be able to download the forms that you need. If not, the Ohio Supreme Court website has standard forms that are accepted by ...
 
 

1 Answer | Asked in Divorce Law for Ohio on Jan 6, 2014

David Scott Heier Esq's answer
If real property is titled in the names of both husband and wife, a quit-claim deed can be given to a spouse and the deed filed with the County Recorder.
 
 

1 Answer | Asked in Divorce Law for Ohio on Nov 27, 2012

David Scott Heier Esq's answer
Check with the clerk of court's office in the county where you will be filing to learn the amount of the filing fee.
 
 

1 Answer | Asked in Divorce Law for Ohio on Feb 11, 2012

David Scott Heier Esq's answer
You don't need to wait to file for divorce. Since you have been living separate and apart for more than one year, you have grounds for filing the divorce. The division of pensions and retirement accounts depends upon how much of the pension ...
 
 

1 Answer | Asked in Divorce Law for Ohio on Apr 18, 2012

David Scott Heier Esq's answer
Yes. Go to the county clerk's office in the county where you think it was filed and they can look it up. Some counties have the information online and you can look it up yourself.
 
 

1 Answer | Asked in Divorce Law for Ohio on Jan 2, 2013

David Scott Heier Esq's answer
No. Paternity must be established for the biological father first. A dissolution is not the procedure to do that and would not be accepted by the court. Go to the Child Support Enforcement Agency in your county and apply for child support from the ...
 
 

1 Answer | Asked in Divorce Law for Ohio on Apr 6, 2013

David Scott Heier Esq's answer
It's possible that you both are in contempt. You for being behind in payments and her for not signing over the title. One is not necessarily a defense to the other. File your own contempt against her if you think she is in violation of the order too.
 
 

1 Answer | Asked in Divorce Law for Ohio on Apr 8, 2013

David Scott Heier Esq's answer
Do it yourself. Go online. Look at the website for the court in your county. Many have the necessary forms online. You can also request that the filing fee be waived if you qualify. No one but a lawyer can give you legal advice so you will have to do all ...
 
 

1 Answer | Asked in Divorce Law for Ohio on Apr 13, 2013

David Scott Heier Esq's answer
It depends. This sort of case would benefit enormously with the professional knowledge and experience of a lawyer. There are too many open ended possibilities and fact senarios to give any reasonable degree of useful information. Generally, a disabled or ...
 
 

1 Answer | Asked in Divorce Law for Ohio on Apr 18, 2013

David Scott Heier Esq's answer
Cohabitating means living together. Staying overnight, mailing address, auto registration address, auto license address, income tax address are all evidence of cohabitation. Some spousal support payers go as far as hiring a private detective to determine ...
 
 

1 Answer | Asked in Divorce Law for Ohio on Apr 19, 2013

David Scott Heier Esq's answer
You must file a complaint, affidavit of income and expenses, and affidavit of property if you don't have children. In Franklin County, all filings are submitted online as pdf files. You must go to the courthouse and the clerk of courts will assist ...