Lawyers, Answer Questions  & Get Points Log In
Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Do my boyfriend and I (not married), who live in Ohio, have joint custody of our son who was born in another state?

I lived in Louisiana when my son was born. I was not married. My boyfriend and I filled out paternity paperwork and he is on the birth certificate. We now live in Ohio. Do we have joint custody or do I have sole custody?

Matthew Williams
Matthew Williams answered on Jul 27, 2021

While a lawyer would have to look at the laws of the various jurisdictions involved, it is very likely you have joint custody at this point. The whole point of filing out paperwork acknowledging paternity and getting yourself named the father on the birth certificate is to establish that... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Married but separated. No court no custody order but husmad refuses to give me our son back. What do I need to do.

We agreedbto share our son and and no child support. Does he have a right to keep my son away from me based false assumptions that I am unfit?

Joseph Jaap
Joseph Jaap answered on Jul 13, 2021

Until a court orders it, your spouse does not have to let you have your son. Use the Find a Lawyer tab to retain a local family law attorney who can file for divorce or legal separation, ask the court for a custody order, etc.

1 Answer | Asked in Family Law, Child Custody, Child Support and Landlord - Tenant for Ohio on
Q: My Daughter is trying to get her ex boyfriends name off her apartment lease. He hasn't lived there for almost a year.

She has had major problems with him she finally got his key back and absolutely nothing in the apartment is his. They are going to be going through a custody battle come November and she needs to get on assistance for insurance for the child and she can't until his name is off the lease.... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 13, 2021

If she doesn't have an attorney, she should use the Find a Lawyer tab to retain a local family law attorney to assist her with the custody and child support issues, and communicate with the landlord about the problem. with the lease.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: How can I get Divorce, custody, child / spousal support help?

Hi, I'm a stay at home mom to 4 kids including a breastfed infant. My husband works 12 hours a day and 3 days off, but is not present when home as he smokes weed outside for hours on end. Or he's asleep because of medical issues and can't be woken up. I have a support system and do... Read more »

William Lehner
William Lehner answered on Jul 5, 2021

You should talk privately with a divorce lawyer. Don't be afraid. From what you said, it is most likely that it is in the best interest of the children for them to be with you. A Guardian Ad Litem can be appointed who would probably say that the kids should not be with a pot head. He would... Read more »

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Am I able to just leave with my children legally?

I'm 22 i have 2 children with my fiance, 26 whos abusive. I cant go anywhere else in the house or he'd get so upset.

He said i can leave him any time i want but my 2 boys have to stay with him. He doesn't do anything i have to tend to his every need while tending to my... Read more »

Matthew Williams
Matthew Williams answered on Jul 2, 2021

If you were unmarried when the children were born, and paternity has not been established and there is no court order, then you have custody, not him.

View More Answers

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Am I able to just leave with my children legally?

I'm 22 i have 2 children with my fiance, 26 whos abusive. I cant go anywhere else in the house or he'd get so upset.

He said i can leave him any time i want but my 2 boys have to stay with him. He doesn't do anything i have to tend to his every need while tending to my... Read more »

Joel Allen Holt
Joel Allen Holt answered on Jul 7, 2021

He's wrong. Mothers are presumed to be the custodial parents if unmarried at time of birth and if paternity is not established.

You are free to leave with your children. If he is abusive, you may want to consider contacting an attorney, legal aid, or your local domestic relations...
Read more »

View More Answers

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: My kids Dad took me to court for custody when I left the abusive relationship I could not afford a lawyer. He was given

He was awarded custody and lied about everything . He never took the kids to live with him. That was Feb 2020. I was ordered to pay support. I have the kids 90% of the time. I’m currently being treated for stage 2 breast cancer. I’m unable to get a job until I finish chemo and recover from... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 30, 2021

Check with your local domestic relations court to find out if they have a legal clinic to help those without an attorney. The forms you need are available on line. Also use the Find a Lawyer tab to call around to local family law attorneys. You might find one to work with you.

1 Answer | Asked in Child Custody for Ohio on
Q: I share 50/50 custody of my granddaughter with maternal grandmother. She is wanting to take her on vAcation

Per our court order she is aloud one week.starting on her custodial time.she is scheduled it starting on my time and for 12 days not one week

What is my options?

Joseph Jaap
Joseph Jaap answered on Jun 28, 2021

You can advise her that you don't agree, or you could work it out with her, or you could tell her to file with the court to ask the court to allow it. Use the Find a Lawyer tab to retain a local family law attorney to advise you.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: At what point in paperwork, during a complaint for custody, do you state all the reasons you want custody of your child?

My nephew is trying to file for custody of his 5 month old son and was given a packet of documents to read and fill out, then file. The docs include, motion for visitation, complaint for custody, complaint or custody change, affidavits and service notifications, etc. When and where does he state... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 28, 2021

Your nephew can use the Find a Lawyer tab to call other lawyers to find one who he can afford and will work with him to assist in filling out the forms. Or your nephew can check with the court to find out if they have a legal clinic to assist those without an attorney.

1 Answer | Asked in Child Custody for Ohio on
Q: My son is trying to get custody of his 6 year old daughter. She has never been in school. She is with us mostly.
Matthew Williams
Matthew Williams answered on Jun 24, 2021

And what is your question? He needs to file a private custody action, and he needs to establish paternity unless he and the child's mother were married when the child was born.

1 Answer | Asked in Child Custody for Ohio on
Q: My son is trying to get custody of his 6 year old daughter. How does he go about it? My granddaughter has never been to

School. My son has a felony on his record for possession of Marijuana. It happened around 5 years ago. In Utah,traveling home to Ohio.

Joseph Jaap
Joseph Jaap answered on Jun 24, 2021

He should use the Find a Lawyer tab to retain local family law attorney in the county where his daughter lives who can review the situation and advise him of his options.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: My husband left me. I want the kids to live with me. What do I do?

Together seven years. Married two. I've been an at-home-parent most of that time. I am looking for work, but currently unemployed.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2021

You can file for divorce and ask for child support and spousal support. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Can I get a divorce attorney that is court appointed
Joseph Jaap
Joseph Jaap answered on May 24, 2021

Courts do not appoint attorneys for divorce cases -- that's only for criminal cases. The spouses get their own attorneys and pay for them. It is not required to have an attorney for a divorce, but it is recommended. Use the Find a Lawyer tab to contact some local attorneys and select one to... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: my step daughter is 17 years old. will be 18 in 6 months. Her mother kicked her out, took her house key,

her car keys, her phone and put her, clothes in trash bags on the porch and said good luck. She has been living with her father and i for a month. Now is telling her she has to come home. my step daughter does not want to go back. there was never any "custody" papers ever done and yes her... Read more »

Joseph Jaap
Joseph Jaap answered on May 21, 2021

Name on birth certificate does not matter. If the father and mother were never married, and no court ever granted parental rights to father, and did not issue a custody order, then the mother has legal custody. Mother could call the police to get daughter back, but mother could get in trouble for... Read more »

1 Answer | Asked in Child Custody and Juvenile Law for Ohio on
Q: I will be 18 in less than two months. I will be having my daughter in July . Can my parents take my baby if I move?

I was thinking about moving with my boyfriend who lives with his grandmother previously. I will be getting a job as soon as possible. And plan to move on my own once I have enough money.

Joseph Jaap
Joseph Jaap answered on May 21, 2021

You should work out a budget of all your income and expenses. It is difficult for mothers of newborns to work without full-time support for the baby, and day care is expensive. So it is unlikely you will have enough money for all the expenses without government or family assistance. Have you... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: if I leave my mom & goto my grandma & tell mom I don't want to live with her can she call the cops for "kidnapping"
Matthew Williams
Matthew Williams answered on May 11, 2021

She can call the cops sure. But that's not kidnapping. However, you risk being adjudicated unruly or delinquent, and if your grandmother helps you, she could be charged with an offense called interference with custody. In other words, your mother has a legal right to custody and if you just up... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Ohio on
Q: I live with my Aunt and Uncle, but my Aunt has full custody over me. She is very toxic and mainly Verbally Abusive

But i cant prove she is abusive. Ever since she got custody of me at i think the age of 3, there has never been any love and its always been basically hell. When i was younger i was constantly grounded and had to stand up with my nose pressed against a fridge for days or months on end. Because of... Read more »

Joseph Jaap
Joseph Jaap answered on May 10, 2021

Never trust people you meet on-line - even though they seem nice. Those kinds of things end up as tragedies on the news -- or else somebody disappears and is never heard from again. Talk to a teacher, school counselor, or other trusted adult about the situation at home and the people you met on... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My son's mother passed away March 12th 2021, I paid $420 for emergency custody .I was scheduled a zoom meeting on the

And my fiance at fibroids surgery the surgery took longer than expected so I missed that zoom meeting.I rescheduled another meeting I had some phone issues that were my fault.I received an email saying that the case has been dismissed without prejudice because of rule 53 and I believe rule 27 where... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 20, 2021

You can refill but I would advise consulting with an attorney to assure you are doing it correctly.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do I need a lawyer from Ohio to represent me?

In the recent years my children have lived with their father as he has sole custody of them due to circumstances in my past. However, 3 years have passed and I am capable to take care of my children however their father seems unwilling to let me get custody. I am prepared to go to court but I... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 20, 2021

Normally, you would file in the state where the divorce occurred. If that was Wisconsin, the father may get it moved to Ohio because that is where the children are and where any custody investigation should occur. If it was a state neither of you live in now, you file in Ohio where the children are.

1 Answer | Asked in Child Custody for Ohio on
Q: My child’s father is not on her birth certificate. I want to know if I can move states with her without his consent.

He doesn’t have a stable relationship with her, coming for a day or two and then leaving for a week or so. She calls for him constantly and whenever I try to speak to him about it, it turns into a huge argument. I want to move states and start fresh for my daughter and I. I just want to know if I... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 20, 2021

Name on birth certificate or not, does not matter. If you are not married to the father, then he has no parental rights until he files with the court, and the court grants him parental rights. So until then, mother has sole custody, and can move wherever and whenever she wants, without... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.