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Ohio Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I know this is asking for a miracle. Are there any pro bono or low cost lawyers in Columbus Ohio for Father's Rights?

I have had both of my children ripped from underneath me. I pay child support for one and they left the state and I have no clue where she is. My son had an incident last year with his mother where children services were called on her and nothing was done and now she has moved out of state. I feel... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on May 12, 2022

The Legal Aid Society of Columbus may be able to help. The Legal Aid Society of Columbus (LASC) exists to provide free assistance and guidance to those attempting to navigate our complex legal system. In order to qualify for free services at The Legal Aid Society of Columbus, you must meet income... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Want Divorce from alcoholic husband. Together we have 3 daughters and he refuses leave! What are my options?

Married 12 years.

His unpredictable behaviors are escalating, now having people over 4 nights a week, until 2am most times. I am a professional with a demanding schedule and will need a nanny afterwards. I'm very on edge lately not sleeping, worrying about the safety of myself and... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on May 9, 2022

There are situations where the parties will need help from the court to make decisions about the marital home and marital property at the very beginning of the Divorce case. Courts in Ohio use temporary orders to give the parties a set of rules which they must follow while the Divorce case is... Read more »

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1 Answer | Asked in Child Custody for Ohio on
Q: I’m in the middle of a divorce. The children have lived with me since the split with him getting visits.

I had a hospitaliztion and cps put the boys with the father. Cps has has cleared me. What are my legal rights for the boys to come home and what steps should I take?

Raquel Ann Parish
Raquel Ann Parish answered on Apr 28, 2022

Pursuant to Ohio Revised Code Section 3109.043 concerns temporary custody orders and states that in any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, when requested in the complaint, answer, or counterclaim, or by motion served with the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: If i have kinship care of a child for a longer period of time and then family steps forward requesting to adopt her.

Will i have any say or pull to adopt her? Can the guardian say she's bonded to us?

Raquel Ann Parish
Raquel Ann Parish answered on Apr 26, 2022

A kinship caregiver can file for legal custody or adoption of a child. The difference is that parents can still have residual rights when a third party has legal custody but in the course of an adoption the parental rights are permanently terminated. The court will not necessarily grant a kinship... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can my baby daddy's family take custody of my unborn child for no reason

I am currently in foster care, and I planned on going back to my home and they wanna take the baby because they said he will not be safe there so if there is no evidence of him not being safe can they take him?

Raquel Ann Parish
Raquel Ann Parish answered on Apr 20, 2022

Pursuant to Ohio Revised Code 3109.42 An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. The Father or his... Read more »

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: When can a parents rights be terminated, so the other party can adopt a non bio child in the state of ohio ?

Ive had custody of a child for 13 months, -temp custody for 18 months, and have taken care of her since 2018. her father has history of substance abuse and domestic violence, cannot see child for 4.5 years. mother same problem, but currently incarcerated, felonious assault was her charge. Both of... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Apr 19, 2022

The laws relating to adoption are found in Chapter 3107 of the Ohio Revised Code. Legal steps for completing adoptions are to complete a Petition for Adoption in the county Probate Court, hold a Hearing on the Adoption (must have required consents and/or service on parents), a home study must be... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I'm a single 24/7 mom. He's allowing women around my kid I don't know he's controlling and threatened to take her away

From me and I'm needing help . Please

Raquel Ann Parish
Raquel Ann Parish answered on Apr 15, 2022

Pursuant to Ohio Revised Code 3109.042 an unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. This means that a... Read more »

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: What is the best form to get notarized when it comes to obtaining custody of a minor child that belongs to a friend?

The Minor is a newborn

Matthew Williams
Matthew Williams answered on Apr 13, 2022

You cannot obtain custody of a friend's child by notarizing some form. You will need to go to court to seek custody. You should be working with an attorney.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What is the age in Ohio kids can choose which parent to live with

My ex husband has full custody of my kids which is a while mother story of his deceit but he doesn’t have insurance on the kids will not take them to the doctor and there is 13 people living in his 3 bedroom ranch double wide what can I do to get my kids out of this situation my 13 year old... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Apr 11, 2022

Pursuant to Ohio Revised Code 3109.051 (B)(2) A motion may be filed ... if the circumstances in the case have changed, at any time after a decree or final order is issued in the case (divorce, dissolution of marriage, legal separation, annulment, or child support). Where the best interest of the... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I live in ohio, my daughter's mom bought, pays for her cell phone. by law do I have to allow the phone in my house??

My daughter live with me. Will not do chores when she has her phone

Joseph Jaap
Joseph Jaap answered on Mar 28, 2022

It depends on what the parenting agreement says regarding communications and cell phones. Try to work it out.

Check if the agreement requires mediation of any disputes. If that doesn't work, then file with the court for a clarification.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: If my children are in a different time zone than what our court order states- what time zone do we follow?

Our court order states “ Father shall be permitted to have contact with the children by phone,

Instagram, Facetime, skype or similar electronic media a minimum of three

times per week for a maximum of up to one hour. The days and times may be

agreed upon by the parties. If... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Mar 28, 2022

The history of the parties plays a big role in how they conduct and carry out the terms of a shared parenting plan or child custody visitation order. Given the complexity of any case with a GAL etc there must have been some temporary orders in place while the case was pending. How were phone and... Read more »

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1 Answer | Asked in Child Custody for Ohio on
Q: How do I get shared custody of our 6 year old son?

Years ago we broke up and he got custody of our son. We've been back together for years now, living together and raising our son together

Raquel Ann Parish
Raquel Ann Parish answered on Mar 28, 2022

When parents agree to share custody in Ohio they can file an agreed Shared Parenting Plan with the court along with the supporting documentation. A motion for the changes must accompany the new plan when a court order is already in place as well. An attorney can help you get all of the papers in... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: If cps has custody of your children and u have a criminal case do they have to wait for criminal case to end to make dec

Do they have to wait to make a decision my criminal case has to do with my cps case in juvenile my dad has temporary and he started a whole bunch of trouble for me and mom.Will that have to wait before we lose parental rights

Matthew Williams
Matthew Williams answered on Mar 25, 2022

The parental rights case does not have to await the outcome of the criminal case. Indeed, because there is a time limit on the parental rights case, the juvenile court may be unable to wait.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Child Custody for Ohio on
Q: What are things that an activist cant do-that an attorney can-besides filing paperwork for individuals?

Can they go into court and sit with them if they are pro se?

Raquel Ann Parish
Raquel Ann Parish answered on Mar 23, 2022

As a general rule in family law matters, the courts do not allow third parties to help or assist pro se litigants during a court hearing and only the named parties can be present in the court room for hearings. An activist cannot engage in the unauthorized practice of law which can include actions... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Ohio on
Q: Will police help a mother get a child back from the father if the father is refusing?

We were never married

Raquel Ann Parish
Raquel Ann Parish answered on Mar 21, 2022

Pursuant to Ohio Revised Code 3109.042 An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. Another party would... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Hi, so the mother of my child is going to prison. She’s 3 months pregnant and will be giving birth in prison.

I understand I have to establish paternity, but what else do I have to do

Joseph Jaap
Joseph Jaap answered on Mar 16, 2022

Establish paternity and file for custody. Her family members might also file for custody. Use the Find a Lawyer tab to retain a local family law attorney to answer your questions and represent you in the process.

1 Answer | Asked in Child Custody for Ohio on
Q: Do you have to allow a parent to have visitation of a child if you have temporary custody to protect the child drug abus
Raquel Ann Parish
Raquel Ann Parish answered on Mar 12, 2022

You are required to follow any current custody orders in place until the court changes the order. The county Court's local rules mandate the requirements for emergency custody where someone can request the court to grant emergency custody orders. Some counties highly disfavor emergency custody... Read more »

1 Answer | Asked in Adoption, Child Custody and Probate for Ohio on
Q: How do I know who has custody of a minor child in Ohio

My husband and I have had full custody of his 13 year old son for over 10 years now. Mom has since had another child who is now 6 years old which custody was given to her mother who has since passed away. The child is now back in her mothers care but need to know how to help grandma/ myself get... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 9, 2022

If the child is not going to be placed with child services because of the mother's drug use, then you or the grandmother can file a private custody action in Juvenile court. You or her will need to prove 1) that the mother is unfit and 2) that putting the child in the care of a non-parent is... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If a father doesn’t have custody of his child can he put a protection order against someone else to “protect” the child

The father doesn’t live in the house with the child and has no court rights. The mother and father never married and he want to put a restraining order against someone who lives in the house with the child so they have to leave.

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 21, 2022

The father does not have standing to obtain a restraining order on behalf of the child. He would need to petition the court for emergency custody before he could do that.

This doesn't prevent him from calling the police or CPS, but he himself couldn't ask for a protection order civilly.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: What does Ohio consider as de minimis contact?

I've had custody of a family members child for 2 years, the child has lived with me for over 4 years. No order of support was made due to their living on government assistance at the time. They always stated they would send money but never did. They cut off communication except for 2 hours at... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 21, 2022

Three hours per year would likely constitute de minimus contact and their consent would not be required to proceed with the adoption.

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