Questions Answered by David Scott Heier Esq

Q: Father passed and there is a will and leaving everthing to 4 of us and only 3 have been allowed any access to house.

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

Answered on Jan 8, 2014

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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 complaint to remove the executor can be filed if the executor is mishandling the property. The court schedules a hearing and will determine the outcome.

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Q: Does permanent legal custody give us the right to change the childs last name to ours? Filing under ORC 2151.42

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

Answered on Jan 8, 2014

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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.

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Q: If the parents have shared parenting, and the father is asking for a paterity test, does the child have to go to dads?

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

Answered on Jan 8, 2014

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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.

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Q: How can a magistrate remove a child on the basis of what someone believes?

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

Answered on Jan 8, 2014

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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 that, if believed, would endanger the health or welfare of a child. At the first hearing, the court must make a decision of whether to remove the child immediately, while the court proceeding continues for the next 90 days, or to leave the child...

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Q: In the state of Ohio does the unmarried mother automatically have custody of the children?

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

Answered on Jan 8, 2014

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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 could be in a situation where court action is necessary for the return of the children. Generally, a child cannot be enrolled in a school by a unmarried father unless he has legal custody. Such a situation requires a private consultation with...

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Q: Do parents with joint custody have the right to keep children away from exspouse significant others (boyfriend/girlfrien

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

Answered on Jan 8, 2014

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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. BUT, an x-spouse cannot legally dictate how the other lives their life. An ex does not have legal veto power over what girlfriend or boyfriend the other can see.

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Q: My ex has full custody and our son wants to be with me, what can I do?

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

Answered on Jan 8, 2014

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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.

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Q: Which takes priority the legal separation agreement or divorce decree

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

Answered on Jan 8, 2014

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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 incompatibility. The divorce decree can include specific terms of the divorce, or it can incorporate a separate document such as a legal separation agreement. The separation agreement must be filed with the decree and the terms in the agreement become the...

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Q: Can i go to the clerk of courts to receive the case designation sheet and parenting proceeding affidavit for a divorce.

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

Answered on Jan 8, 2014

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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 all counties. www.supremecourt.ohio.gov

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Q: If I file for a divorce after 26 years can I sign my half of the home over to my spouse and let them have it?

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

Answered on Jan 8, 2014

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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.

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Q: I need to file for uncontested divorce approx how much will this cost?

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

Answered on May 6, 2013

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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.

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Q: I want a divorce but my wife wants more money than what I already pay her. We have been seperated for 4 years.

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

Answered on May 6, 2013

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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 accummulation occurred while married. Defined benefit plans, 401k accounts and other unqualified benefit plans all have different restrictions or payout options. You must contact the pension administrator for your answer.

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Q: Can I find out if a divorce has been filed

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

Answered on May 6, 2013

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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.

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Q: I have two children who are not my husband, Can I get a dissolution?

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

Answered on May 6, 2013

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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 biological father. Genetic testing can be ordered. The test results are then used to support a motion to Un-Establish the father-child relationship with your husband. He is legally the father of children until that is done. It would be easiest to do...

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Q: In 2009, I was granted a divorce. The Court s Judgment Entry included a separation agreement. It ordered each party to

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

Answered on May 6, 2013

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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.

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Q: Separated from my husband since september 2012. I need to file for divorce, but I cant afford a lawyer. Unable to affor

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

Answered on May 6, 2013

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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 the work yourself. Try the Public Defenders Office to see if they can represent you.

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Q: I'm 50 yrs old, chronically ill & unable to work. What am I entitled to in the divorce begun by my husband of 10 yrs?

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

Answered on May 6, 2013

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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 chronically ill spouse could expect some form of additional support of compensation.

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Q: Q: What constitutes cohabitating? I get alimony. My boyfriend stays with me a lot. Does ex have to prove to stop paying?

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

Answered on May 6, 2013

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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 if there is anyone cohabitating with the support recipient. Overnight stays is powerful evidence of cohabitation. Even personal toiletries such as shaving kit, tooth brush, etc. can indicate cohabitation. The payor can file a motion in the...

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Q: How do i go about filing for a divorce?

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

Answered on May 6, 2013

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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 you with scanning your documents and electronically filing them. You also file a request for service upon your spouse by certified mail with return receipt. If there are minor children of the marriage, there are additional documents to file and it...

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