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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Ohio on
Q: Mother of my child hasn’t picked up my child yet it’s late at night no court paperwork child lives with mom full time
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

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 »

1 Answer | Asked in Child Custody for Ohio on
Q: Is it legal to leave home at age 16 in ohio without being emancipated?
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

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 »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: What’s the fastest way for son to live with us when mom has full custody?

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 »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Nov 15, 2022

The fastest way is to file a joint complaint for custody with a motion to adopt shared parenting plan with an agreed judgment entry signed by all parties.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Ohio on
Q: what can be dismissed in the appeals 11th.district ohio permanent custody from my case

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 »

Matthew Williams
Matthew Williams
answered on Nov 11, 2022

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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Question about my first court date after objection of child support order.

Will I need a lawyer for this court date, for the tax exemption, and my Fathers rights? And will a shared parenting plan be a separate court hearing after this one?

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

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 »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

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 »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: hello I need a temporary custody agreement and uncontested divorce.
Sarah P. Oberer
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Sarah P. Oberer
answered on Oct 14, 2022

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 »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is there anything I as mother file for my daughter's dad to have visitation?

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

Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 7, 2022

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.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: In Ohio can a judge refuse to postpone a trial if one party gets a new lawyer?

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.

Joseph Jaap
Joseph Jaap
answered on Sep 15, 2022

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.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can a father with shared parenting of a minor give POA to step parent

With the shared parent order, parents were never married. Can father sign a health and education power of attorney to his wife (stepmom) without needing the mothers permission or signature.

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

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Do I have to let my child's father have alone visits if I get child support? He is narcissistic and has mental issues ?
Raquel Ann Parish
Raquel Ann Parish
answered on Sep 7, 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 the... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: can i get emer. custody of my 4 y/o and her 9 y/o sister who is not mine but I have raised since age 3 as mom is in jail

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

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 7, 2022

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I had a question about visitation without a court order

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 »

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 2, 2022

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 »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How to change custody order child been staying with non custodial parent for at least a year age 13

Points child wants to stay with non custodial

Custodial not providing correct school in wrong district

Custodial sometimes has no electricity or water

Custodial refuses to give care insurance card to get child care needed

Custodial has right for schooling... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 30, 2022

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 »

1 Answer | Asked in Child Custody for Ohio on
Q: What is my next step after getting a continuation for an ex parte hearing on temp. Custody?

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 »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 27, 2022

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 »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Does this need signed in front of a notary or sent to the court before we can complete the school transfer?

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 »

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

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 »

1 Answer | Asked in Child Custody for Ohio on
Q: i would like to know my rights as a single mother in ohio and what good advice to win custody
Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

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 »

1 Answer | Asked in Child Custody for Ohio on
Q: I have a Ohio custody arrangement for shared parenting. This order states that I am residential parent and legal custo

I have a custody arrangement for shared parenting. This order states that I am residential parent and legal custodian. The mom took child and moved out of state in Texas.

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

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 »

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Ohio on
Q: Grandson has DV convictions against me. He turns 18 in Jan. Do I have to evict him or can I kick him out? I have custody

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 »

Matthew Williams
Matthew Williams
answered on Aug 7, 2022

If he lives regularly in the home, you have to evict him.

1 Answer | Asked in Child Custody for Ohio on
Q: i am low income living in Pickerington, OH , searching lawyer that can help me for custody my son.

please give me information, lawyer name or organization that provide service for Custody, legal help for low income, I live in fairfield County, Pickerington, OH. Thank You.

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 1, 2022

Southern Ohio Legal Services

3 East Water Street

Chillicothe, Ohio 45601

Serving Fairfield, Fayette, Hocking, Jackson, Pickaway, Pike, and Ross Counties

740.773.0012 or 800.686.3668 (toll free)

740.994.0910

https://www.seols.org/contact/

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