If you are not married to the mother, and there is no court paperwork, then the mother has full custody. If the child is staying with you without any court-approved agreement, then that is a risk for you. Use the Find a Lawyer tab to retain a local family law attorney to work out a custody...Read more »
A parent or guardian has responsibility until a child reaches 18. Ohio does not allow a minor to seek emancipation, so talk to a teacher, school counselor, or other trusted adult about your situation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally...Read more »
Mother has full custody. (Mom and dad never married) Dad on birth certificate and pays child support. Mom and dad are coparenting. Oldest son (10) has had some behavioral problems and mom and dad have talked about son coming to live with dad and family to try something different since mom has tried... Read more »
from the date of filing of permanent custody to evidentiary hearing was 314 days. Magistrate was wrong on more than four reasons she used to determine her decision for permanent custody to agency. The judge would take over a year and status hearing to address case and grant CPS permanent custody.... Read more »
The court of appeals could reverse the lower court. In order for that to happen you need to promptly file a notice of appeal and then a brief. It would be a good idea for you to hire an attorney to help you with this.
Custody and child support are held in separate proceedings. If you are still at the administrative level, which I suspect you are if you filed objections, then CSEA has very little wiggle room on child support calculations. Typically you would seek to have the order adopted by the Juvenile court...Read more »
My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... Read more »
If you'd like to file for divorce, contact a lawyer that can help and guide you with the process. Divorces are uncontested only when the opposing party does not want to or fails to contest any issues. However, if you both agree on all issues, then you may be able to file a dissolution instead...Read more »
he has always seen her now on a typical visitation schedule with extra parenting time. We've never been to court but everytime we have plans so I say no to extra time (which is not alot) he threatens to file and never does
If you are unmarried, and there is not custody or visitation order, then fathers in Ohio have no right to parenting time. You do not have to file anything. If he wants parenting time he must petition the court.
In a custody battle, my friend has gotten a new lawyer. Her previous one had been caught lying to her. The judge or court has refused to postpone the case, denying the new lawyer a chance to get caught up.
Yes, the judge can do that. The judge might think it is a stalling tactic, or there might have been prior delays. And the Ohio Supreme Court sets deadlines for resolving divorce cases. The new lawyer can appeal, but might have to proceed with the trial on schedule.
A parent can grant permission for a step parent to handle certain duties and responsibilities concerning their own child. However, issues may arise concerning the minor child if the other parent finds out that their child's opposite parent is relinquishing their duties and responsibilities to...Read more »
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 the...Read more »
I have 4 yr old. her mom has 9 yr old which I have raised since age 3 (dad not in picture.) I have the girls at least 5 nights per wk. Mom is in jail. I want to get legal custody of both girls , but I need emergency custody now to make decisions regarding school, etc. since mom in jail
The best place to start for custody in Ohio when parents are unmarried is the County Court of Common Pleas Juvenile Court. When parents are unmarried and there are different Fathers two cases must be opened one for each minor child. Many county courts have help with filing packets for child custody...Read more »
My daughter's dad didn't want anything to do with her and didn't want anyone to know he had a child with me until there was a court order to prove that she was his now he wants to see her by himself without anyone there for more than a couple of hrs, he has seen her only a total of... Read more »
In Ohio, when parents are unmarried, the mother is the residential parent and legal custodian of the minor child until there a court order stating otherwise. The mother has the say if she wishes to grant the Father parenting time. The Father will need to file papers in court to allocate parental...Read more »
When parties need updated court orders concerning child custody in Ohio they can file a Motion for Change of Parental Rights and Responsibilities in the same case where there is already a court order. There are some forms available online from the Ohio Supreme Court which can be found at this link:...Read more »
My ex husband filed for an ex parte hearing for temporary custody of our daughters. I received the paperwork 2 days before the hearing. I filed a motion for a continuation the day before the hearing but was told that the magistrate wanted me to verbally ask for the continuation. At the hearing the... Read more »
Yes magistrate's have broad power to make orders to serve the best interests of the minor children of the case. The court will generally allow drug testing of parents if one parent offers to pay the cost or is alleging drug abuse and an emergency. It is highly advised that a parent involved...Read more »
Under our court ordered parenting plan, it says that we must have a written agreement before either of us can transfer our sons school or a judge will make the decision if we can’t agree. What all needs to be included in this written letter, and does it need to be signed in front of a notary and... Read more »
Pursuant to Ohio Revised Code 3109.04 (E) (2) (A) Both parents under a shared parenting decree jointly may modify the terms of the plan for shared parenting approved by the court and incorporated by it into the shared parenting decree. Modifications under this division may be made at any time. The...Read more »
If the parents are not married, then custody issues are resolved in Juvenile Court. Custody determinations depend on all the specific facts, such as parent' work schedules, housing, finances, etc., and the judge must determine what will be in the best interest of the child in deciding between...Read more »
When there is already an Ohio court order in place for the children to live in Ohio and the non residential parent removes the children from the state it can take many difficult steps to have them returned. There is no clear path on getting the children returned to the state as every state is...Read more »
I own the house. He's physically and emotionally abusive daily. He's been in detention over a dozen times in the past 5 years. He's been in short term psychiatric stays in excess of a dozen times as well. Law enforcement has been to our home multiple times and I do not feel safe.... Read more »
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