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Questions Answered by Anthony C. Satariano
2 Answers | Asked in Family Law for Ohio on
Q: With the current stay at home order, can I refuse visitation?

My sons father works in a hospital, the grandmother in the home has returned from Washington state, along with her 2 other grand children, my son has been forced to stay with his aunt outside the home who then sent him to an out of the home babysitter. My son has asthma and epilepsy. Rendering him... View More

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 30, 2020

The short answer is: No, you cannot refuse visitation. The stay at home order does not change the visitation/custody order you have. If you fail to follow the court order you have, you could be in contempt.

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1 Answer | Asked in Child Custody for Ohio on
Q: I have custody of my 4 y granddaughter in Ohio. Her Mother is a Nurse. Can I stop court ordered visits for safety?
Anthony C. Satariano
Anthony C. Satariano
answered on Mar 27, 2020

The short answer is: no.

The stay at home order in place in Ohio currently does not supersede valid custody/visitation orders in place. If you refuse to allow the mother her court ordered time, you could be found in contempt of court and subject to fines, attorney fees and possibly even...
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1 Answer | Asked in Child Custody for Ohio on
Q: My ex husband and I have shared custody of our 3 yr old, he takes him from me all the time how do I stop him

My ex has me followed by private companies and has for over 2 yrs how can I stop him? At this point I am just tired of living like this, he is very controlling and if he doesn't get what he wants he won't stop until he does! He rips my son from my life over and over again with crazy... View More

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 24, 2020

One option you have is to petition the court to terminate the shared parenting. Under Ohio law, there are some baseline factors courts need to evaluate to to determine if shared parenting is proper. Those factors include many things such as ability to cooperate for the child's best interest,... View More

1 Answer | Asked in Health Care Law for Ohio on
Q: During the stay home in Ohio if you're out and a cop stops you can they tell you you cannot go home

I feel that they shouldn't be allowed to stop you from returning home

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 24, 2020

Holding you and preventing you from continuing on your way or returning home would require the officer to either detain or arrest you. They cannot simply deny your right to return home without legal justification that is sufficient to trump your constitutional rights.

Although the...
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1 Answer | Asked in Traffic Tickets for Ohio on
Q: What if my ticket isn’t in the system for court date ? The ticket was for speeding & was not mandatory court attendance.
Anthony C. Satariano
Anthony C. Satariano
answered on Mar 19, 2020

A lot of times, courts won't put a case in the system for a non-mandatory traffic tickets until the initial court date on the ticket occurs. That is because they don't want to waste time adding it to the docket if the accused is just going to pay the ticket online or over the phone.... View More

1 Answer | Asked in Civil Rights for Ohio on
Q: What can I do to have disciplinary action taken against a cruel and uninformed psychiatric nurse practitioner?

Refusal to prescribe or even hear me out. Putting my baby at risk of preterm delivery.

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 19, 2020

More facts would need to be known to give complete advice on this matter.

The standard for malpractice against a healthcare provider is very high. Nothing in your question posed leads me to believe you have a malpractice claim.

You always have the option to complain to the...
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1 Answer | Asked in Family Law and Social Security for Ohio on
Q: We have a 15 year old daughter. We presently have a shared parenting plan (50/50), her mother is trying to break this.

I am 69 years old and get social security survivor benefits for my daughter. I provide her mother with $300/month and pay all my daughter extra activities fees out of the survivor benefits. What should I be prepared for if the plan is broken? I'm contesting the change on the basis my... View More

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 19, 2020

I would suggest consulting with your lawyer. Your lawyer will know the specifics of your case and the traditional approach your local jurisdiction takes to custody changes.

It will also depend on what you mean by "plan is broken" and what "change" you are...
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1 Answer | Asked in Child Custody for Ohio on
Q: With the corona virus environment, can child custody be modified. The children stay part time with at risk adults?

The children stay with their father who is living with his parents. Both grandparents are over 65.

Instead of an everyday custody transfer, perhaps an alternating week would be safer for all.

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 19, 2020

The odds of you getting court ordered custody/visitation altered because of the ongoing pandemic are EXTREMELY low.

First, the court only evaluates the child's best interest. While I understand the risk they could pose to those in the vulnerable age range, the children are not the...
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2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: What legal options do I have during this pandemic and having to send the kids to their dads?

We both live in ohio but I live in an area that’s more affected, he’s not taking the pandemic seriously, he doesn’t care to do what his kids wish to do at this time(ages 15 yr 9 mo and 12yr 11 mo.)

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 19, 2020

The pandemic does not affect any court orders currently in place. If the dad has court ordered visitation, then you have to comply with that or you risk being held in contempt of court.

If the dad has no court ordered visitation, then you can do what is in your child's best interest...
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1 Answer | Asked in Child Custody for Ohio on
Q: daughter living w my mom 4years due to me getting ill& nursing home.i have custody.i am out now.can she keep my daught?

are there any steps i need to take to get her back or simply move her in?my mom now has lung cancer metastasized to knee & hip.daughter will be 17 in april.please respond SOON.

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 16, 2020

In Ohio, whomever has custody of a child has the right to have that child live with them and in fact is legally responsible for their well being and care. If your mother was never granted formal custody, then she likely does not have any legal right to stop you from moving your daughter back in... View More

1 Answer | Asked in Family Law for Ohio on
Q: Can ex wife keep me from watching my boyfriends kids?

My boyfriend and his ex wife have no custody agreement yet. Can she keep me from watching the kids by myself at my boyfriends and I home? If she comes to the house while I am watching them alone does she have the right to take them?

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 16, 2020

First, if your boyfriend and his ex are officially divorced, then they would have to have a custody agreement in place. No court in Ohio would sign off on a divorce with children involved without there being a custody arrangement.

Second, if the divorce is still going on and that is why...
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have 16 years old son, he has used Cannabis oil, vape, smoking, cigarettes. He used rough language like you are dog

He is dangerous to us. How can be evict him?

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 10, 2020

You cannot evict a biological child in Ohio before they are 18 AND graduated from high school. However, you can press charges against him for any criminal activity he undertakes. You also have the option to pursue a delinquency action through the juvenile court for his behavior.

I would...
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1 Answer | Asked in Child Custody for Ohio on
Q: im 16 years old i got a 13 year old pregnant how can i get custody of the newborn baby in ohio The baby is due in June
Anthony C. Satariano
Anthony C. Satariano
answered on Mar 10, 2020

Getting custody of the child will be extremely difficult. In Ohio, unmarried biological mothers automatically get all of the custody rights to a child until a court decides otherwise. This means you will have to go through a custody proceeding in juvenile court to attempt to get custody. However,... View More

1 Answer | Asked in Family Law for Ohio on
Q: I am 18. If i move in with a friend and their family can my mom do anything?

I am forced to live with my grandparents. If I move in with my mom they will stop helping her completely. My grandparents are verbally abusive and i have a lot of anxiety resulting from them.

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 10, 2020

If you are 18 years old, in Ohio you are legally an adult and can go to and live wherever you want. However, as an adult, your family members are not legally obligated to support you or anyone else if they disagree with your decision.

Your question does not mention school. If you are 18...
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1 Answer | Asked in Family Law for Ohio on
Q: Ex husband hasn't seen kids or talked to kids in 4 years what should I do it's court ordered he sees them
Anthony C. Satariano
Anthony C. Satariano
answered on Mar 10, 2020

It depends on the goal you would like to achieve. If your divorce decree grants you custody of the children and your ex-husband set visitation, then there really isn't anyway to force him to spend time with the children. The court will not make him use his visitation. No court is going to... View More

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: My 15 yo son just said he wants me to get custudy of him. DNA is confirmed. Can he choose to live with me?

DNA was established when he was 5. His mother has never allowed me to have any contact with him.

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 10, 2020

If you do not have custody through a court, then technically no your son cannot just choose to live with you without court action. What path you take next depends on what has already occurred. If you and your son's mother were never married and never went to court, then in Ohio she has all of... View More

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My building was finally sold. But our new landlord says we owe feb and Mar rent. Can he legally collect ALL of feb rent

He signed the paperwork on feb 28th of this month. But tells us we have to give him ALL of feb?

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 10, 2020

If you were under a lease that includes February and March, then you are legally obligated to pay rent for those months. If you already paid your prior landlord rent for February, then the new owner is not entitled to additional February rent since it was already paid. If you did not pay anyone... View More

1 Answer | Asked in Child Custody for Ohio on
Q: What are my chances at custody if my child’s father has served time in jail for domestic violence?

My child’s father has served jail time on two occasions for domestic violence, my child was visiting him every other weekend until recently. My child has seen his dad in arguments, being kicked out of the residence of his significant other, and being taken away by the cops when visiting with his... View More

Anthony C. Satariano
Anthony C. Satariano
answered on Feb 25, 2020

When determining custody, the courts will take many factors into consideration. A criminal history (especially domestic violence) would weigh against the father and would be in your favor in terms of determining custody.

Your facts lead me to ask another question though, what is your end...
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2 Answers | Asked in Divorce for Ohio on
Q: Can someone who is married and has the deed to a home in their name only sell the home?

My mother is married and is trying to get a divorce, but is having issues with Domestic violence, she is the only one on the deed and is wanting to sell the home so her husband will leave her alone can she sell the home ,her mother bought the house for her. She then made monthly payments until... View More

Anthony C. Satariano
Anthony C. Satariano
answered on Feb 21, 2020

I agree with the prior attorney's answer. I would only add that if domestic violence is an issue, she also has the ability to pursue a domestic violence civil protection order which is usually a quicker process than preparing a divorce filing. If she were granted it, the court has the... View More

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1 Answer | Asked in Child Support and Divorce for Ohio on
Q: In ohio doing my own dissolution paperwork, do I need to fill out the forms for child support if we are not doing it?

The packet I got online says the child support forms need to be filled out but we are not asking for child support from each other.

Anthony C. Satariano
Anthony C. Satariano
answered on Feb 19, 2020

The answer is, most likely yes.

In a dissolution, the parties largely get to control the terms of the agreement. But, all domestic relations courts require that you disclose a wide variety of information and complete all of their required forms.

The court's website is your...
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