Family Law Questions & Answers

Q: My son's father doesn't ask about my son or come see him but he won't sign over his rights. Is there anything I can do?

1 Answer | Asked in Family Law for Ohio on Sep 9, 2014

Answered on Nov 22, 2014

Follow Question


Lee Thompson Esq's answer
If you and your fiancé get married, in Ohio, if the natural father has provided no support(he has) OR has not had contact with your son, you would not need his consent for an adoption. The court would be looking at a one year period prior to the filing of the petition for adoption. That would terminate the child support obligation. On something like this, contact an attorney.

Answer this Question View More »

Q: Can my husband live across the street from my sons school if there is a cpo.

1 Answer | Asked in Family Law for Ohio on Sep 15, 2014

Answered on Nov 22, 2014

Follow Question


Lee Thompson Esq's answer
Impossible to answer without more. Most all protection orders define the contact and sometimes the proximity. You should talk to the prosecutor's office.

Answer this Question View More »

Q: If a father is paying child support what else is he obligated to pay if there is no other court orders

1 Answer | Asked in Family Law for Ohio on Sep 22, 2014

Answered on Nov 22, 2014

Follow Question


Lee Thompson Esq's answer
The order would have to be modified. Right now, if all the order says is child support, then that's it. If someone wants the father to pay other costs, such as uninsured or uncovered medical, that would need to be an order of the court. It's odd there was nothing more in the order.

Answer this Question View More »

Q: Ohio adoption laws

1 Answer | Asked in Family Law for Ohio on Oct 21, 2014

Answered on Nov 22, 2014

Follow Question


Lee Thompson Esq's answer
Without knowing more than you can give here, you'd have to have the consent of the parents.

Answer this Question View More »

Q: Can my wife get a loan without my consent? And if yes what can i do about it?

1 Answer | Asked in Family Law for Florida on Nov 20, 2014

Answered on Nov 22, 2014

Follow Question


John Arthur Smitten's answer
If the loan is in her name then yes she can do that. She is not permitted to take out a loan in your name.

Answer this Question View More »

Q: Mother in veg. State, sister is 10 years old living with our stepdad. Before incident, my sister's last name was changed

1 Answer | Asked in Family Law for Florida on Nov 21, 2014

Answered on Nov 22, 2014

Follow Question


John Arthur Smitten's answer
go for custody. Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

Answer this Question View More »

Q: how does father serve filed custody/paternity papers out of state, to mother of child?

1 Answer | Asked in Family Law for Florida on Nov 21, 2014

Answered on Nov 22, 2014

Follow Question


John Arthur Smitten's answer
Hire an out of state process server.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

Answer this Question View More »

Q: Daughter has a child with bf. Bf is a full-blown alcoholic. Daughter/son (1y.o.) leave fear for their life.

1 Answer | Asked in Family Law for Ohio on Sep 29, 2014

Answered on Nov 21, 2014

Follow Question


Lee Thompson Esq's answer
Hard to answer without more information. In Oho, if paternity was never established, she doesn't have to let the father see the child. If paternity was established but no parenting time(visitation) was ever ordered by the court, she doesn't have to let him see the child. If they ever lived together,she can consider getting a civil protection order. The best thing for her to do right now is consult an attorney. Many attorneys offer a free consultation.

Best to you, her and your grandson!

Answer this Question View More »

Q: my sons girlfriend moved his children out of state and denys him visitation. can she do this legally?

1 Answer | Asked in Family Law for Ohio on Oct 20, 2014

Answered on Nov 21, 2014

Follow Question


Lee Thompson Esq's answer
There are some unknowns here so lets do it this way. Is paternity established? That's step one. Being on the birth certificate probably takes care of this if done properly. If there is paternity established, does your son have a a court order for visitation? If yes, then she is in contempt. If not, he has a bigger problem. If there is no parenting time order, she automatically has custody and does not have to let him see the child. Best thing to do is for him is to have a consultation with an...

Answer this Question View More »

Q: i have a 10 month girl was told it was mine getting a divorce but wont full custody what and how do i do

1 Answer | Asked in Family Law for Ohio on Nov 20, 2014

Answered on Nov 21, 2014

Follow Question


Lee Thompson Esq's answer
If married and it's your child, file for divorce and seek custody. It's many times assumed a father can't get custody but I've seen it happen. Be prepared to have an attorney though. Custody are not easy.

Answer this Question View More »

Q: Split from my sons father 7 months ago how can i go about getting our belongings from his place

1 Answer | Asked in Family Law for Ohio on Nov 19, 2014

Answered on Nov 21, 2014

Follow Question


Matthew Williams' answer
That depends on what kind of terms you are on with the ex. If you two really do not get along, you can often simply call the police and ask them to escort you to his place. The police will let you remove anything he admits is your property or is obviously your property. If there is a dispute, it may need to be resolved in a local court.

Answer this Question View More »

Q: I am having a child with my 2nd wife, do this change my child support calculations with my first wife, children

1 Answer | Asked in Family Law for California on Nov 19, 2014

Answered on Nov 21, 2014

Follow Question


Gina Marie Famularo's answer
Having a new child can change the child support calculation, however, not in the way most people think. Child support is calculated based upon after tax income. Having a child usually provides the payor with another dependent for tax purposes. This results in paying less income taxes. Because less income taxes are paid, the payor has a greater net income. This can result in one's child support going up (if you are the payor) or going down (if you are receiving child support). It is...

Answer this Question View More »

Q: I am 18 and wanting to move out. Can my parent prevent me from getting clothes and personal belongings from me.

1 Answer | Asked in Family Law for Florida on Nov 19, 2014

Answered on Nov 21, 2014

Follow Question


Robert Jason De Groot's answer
They should not prevent you from getting your personal property.

Answer this Question View More »

Q: I live in fla but in wi my 11 yr son got took from dcf all my family in fla so how do I get my son back to fla to my mom

1 Answer | Asked in Family Law for Florida on Nov 19, 2014

Answered on Nov 21, 2014

Follow Question


Robert Jason De Groot's answer
It looks like you need to get an attorney in Wisconsin for that matter.

Answer this Question View More »

Q: My wife and I live in Florida and she took my 2 year old daughter to Utah and threatening she will not return. Options?

1 Answer | Asked in Family Law for Florida on Nov 19, 2014

Answered on Nov 21, 2014

Follow Question


John Arthur Smitten's answer
You need to file your case in FL for custody and return of the child asap. Use of a lawyer is recommended.

Answer this Question View More »

Q: Does my daughters mother have the right to move out of state with my child, without my consent?

1 Answer | Asked in Family Law for Florida on Nov 20, 2014

Answered on Nov 21, 2014

Follow Question


John Arthur Smitten's answer
If not married to her and no court orders in place then yes she can move. You better act fast. Use of a lawyer is recommended.

Answer this Question View More »

Q: Can I leave Fl with my 9 year old?

1 Answer | Asked in Family Law for Florida on Nov 20, 2014

Answered on Nov 21, 2014

Follow Question


John Arthur Smitten's answer
You have to get his written permission or a court order. Use of a lawyer is recommended.

Answer this Question View More »