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Ohio Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
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2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

James L. Arrasmith
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answered on Apr 16, 2024

No, sharing your Facebook login information with your son does not give your ex-wife permission to access your personal Messenger account. Logging into someone else's account without their explicit consent is a violation of privacy and may be illegal, depending on the laws in your... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!

Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More

Nicholas P. Weiss
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answered on Apr 3, 2024

It sounds like your husband has hired an attorney on a limited representation basis. That is, the attorney is just drafting documents, but your husband is handling the rest. If that's the case then this does sound above-board.

You do not need to wait any time at all if you want to...
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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 3, 2024

Parties to dissolution or divorce in Ohio have a right to have their own attorney review any documents they receive from another attorney who represents their spouse. When an attorney represents one party the attorney will most certainly write the documents in a way that is advantageous to their... View More

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1 Answer | Asked in Family Law and Adoption for Ohio on
Q: So I'm about to start the process of adopting my step kids, questions about home study.

I'm going to be adopting my step kids and their biological father agrees to give consent as he's not in their life and doesn't want to pay the child support and all so it's win-win for us all. It seems we still have to have a home study conducted in Ohio despite them living with... View More

Nicholas P. Weiss
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answered on Apr 2, 2024

It can be used against you the same way that consuming alcohol can be used against you. If you use to excess or it effects your ability to parent, that will be a strike against you. If it does neither of those things, it is a very low likelihood that it will derail the adoption.

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Adoption for Ohio on
Q: Will having a medical card put you at risk of losing your kids to the non-custodial parent if he wanted to use that?

If my ex wanted to use my medical card in Ohio against me, could he despite not having parental rights and my husband having adopted my children?

Nicholas P. Weiss
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answered on Apr 2, 2024

He is not the non-custodial parent if your spouse adopted the kids. He is not a parent at all. It would be basically impossible for him to obtain parental rights by attempting to utilize your use of medical marijuana in a custody dispute.

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: If a 14 yr d wants to go live with one parent over another parent during a dissolution. Can that parent get full custody
Raquel Ann Parish
Raquel Ann Parish
answered on Apr 2, 2024

Parties to a dissolution in Ohio must agree on all aspects of the dissolution or they cannot file for dissolution. When children are involved the parties must agree on custody, parenting time, child support and any other relevant issue concerning the children to have a dissolution. When parties are... View More

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2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Hi, id like find out if it's possible to adopt my two step kids.

I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

The biological father must agree to the adoption under these circumstances. I he goes 1 year with providing support or contacting the children (without interference from you or your wife) you may be able to move forward without his consent. You should contact a family law attorney who also does... View More

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2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Hi, id like find out if it's possible to adopt my two step kids.

I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More

Nicholas P. Weiss
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answered on Apr 1, 2024

Sorry, Todd! I disagree. You are usually right!

If the contact in May 2023 was just a brief contact then it is likely to be determined to be "de minimus". That means that the contact was so inconsequential that the court won't consider it for determining whether there was...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Can i move states with my child without the fathers permission?

My childs father does not have sole custody and he does have to pay child support. There is no custody or visitation order through court but i do let him see his son on the weekends if hes not busy so its not a guaranteed every weekend. He is on the birth certificate so he is the established... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

If there truly is no custody order, parenting plan or visitation order on the record, and assuming you and father were never married, you may move. He has the right to file a motion to establish his rights however. You would be best served by investing in an attorney in the county in which you... View More

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to my sister?

My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 28, 2024

Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.

The CFPB issued an interpretation in 2014 stating:

the creditor's written acknowledgement of the successor as...
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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: My wife had multiple allegations of drug abuse cop showed up CPS showed up we didn't answer the door got their card

Called them back they said an appointment else for the community take a drug test we went in took a mouth swab we told him THC would be the only thing and that the allegations will be over with now they're telling me they want to talk to my kids and see my home the allegations were made were... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

They cannot compel you or your kids to talk with them. The risk you run is that they will construe everything that occurs from that point afterwards with an eye towards your being uncooperative. It will not stop them from having increased scrutiny upon you, and talking to everyone you know and all... View More

2 Answers | Asked in Family Law for Ohio on
Q: my wife had allegations fro family member that we were using multiple drugs and only failed for weed what can CPS do

Now we said the aligation r over with weed is legal we failed for nothing else what's next step

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

A child welfare protection agency has broad powers. Depending on what else they find in their investigation, they do have the ability to either enact a safety plan with a family means that they will have increased scrutiny upon the family, file a complaint with the local juvenile court for... View More

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2 Answers | Asked in Family Law for Ohio on
Q: my wife had allegations fro family member that we were using multiple drugs and only failed for weed what can CPS do

Now we said the aligation r over with weed is legal we failed for nothing else what's next step

Nicholas P. Weiss
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answered on Mar 28, 2024

I wouldn't celebrate just yet. Marijuana is legal by state law. Alcohol is legal by state law. People still have investigations opened due to alcohol abuse. Many courts also still view marijuana use as a predictor of bad parenting. Unless you have a medical card I'd reduce my marijuana... View More

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2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: I want shared custody of my daughter but her mother won't do mediation. What can I do next?

I got to see my daughter twice for 3 hours in a year. We tried mediation and her mother didn't want to continue it. The magistrate said my options were to go to trial or get a lawyer? I'm not sure what each mean and what to do. I have another court date on April 23 at 1 pm.

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Mediation is merely voluntary negotiations. This means that if the parties don't agree, as is your case the matter must be decided by the court. Courts decide matters by holding trials. If you truly want shared custody you need to invest in hiring a lawyer to represent you in court. Look... View More

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1 Answer | Asked in Family Law for Ohio on
Q: I am legal Guardian for my mom dementia,I am on her checking account can I borrow money from account pay it back later

I am her legal Guardian and will pay it back, I am on the bank account

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2024

A guardian can only use funds for the person over whom they are acting as guardian. Using funds for personal use could open the guardian to personal liability, civil and criminal action. Use the Find a Lawyer tab to consult a local estate planning attorney to discuss the guardianship.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Ohio on
Q: A 16 yr old boy and 15 yr old girl are dating, and have been dating for almost 11 months. When he is 17, is it illegal?

The girl just turned 15 and he will be turning 17 in a couple weeks. Is it against the law for him and her to continue dating when he is 17? How does the law apply to this type of scenario? If two people are dating and they are both minors, but one is older than the other by a year and a half, when... View More

Linda  Malek
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answered on Mar 25, 2024

Dating or having sex? Dating is not illegal at that age, obviously we are assuming parents are ok. However, when the young man turns 18, she will be turning 16, I am presuming shortly after…It would not be statutory rape because she is 16 (the age of consent). If she is 15 then it would be... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: Is it possible to kick an ex out of our house and off the deed/mortgage?

We live together in Ohio and have one minor child and are not married and never were. My ex refuses to leave and also will not pay the mortgage (his agreed half of the bills when we bought the home).

How can I get my EX name off the property since I have been the only one paying the... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 25, 2024

What you want to do is not impossible. It is however highly improbable. What you will need to do as file and action called partition period you should seek out attorney who regularly practices real estate law in your county. It would be better still if that attorney practices family law. You only... View More

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