Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Raquel Ann Parish
1 Answer | Asked in Civil Litigation for Ohio on
Q: My girlfriend of 10yrs kicked me out of the house she got swhile we were together. What do i do about getting my things

I have attempted to sit down with her and a mediator , her daughter who doesn't care for me too much, and discuss who gets what but she starts yelling acting like a child. AnywYs mist of the stuff in the house , I have bought but I'm not trying to empty her house . I don't have room... Read more »

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

Parties can file for a right of replevin at the municipal court in the county where the property is located under Ohio Revised Code Chapter 2737 re Replevin. Any party to an action involving a claim for the recovery of specific personal property, upon or at any time after commencement of the... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can I fire my attorney for my divorce case? This is in Ohio

We have pre-trial next week and trial next month

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

Clients are free to fire their attorney at anytime and can do so in writing to inform of the decision and to request that no further work be done on the case. It is highly suggested that prior to doing this clients consult another attorney who can potentially take over the case since there might... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: I have family member who won't be 18 until july5 but has graduated. Can he leave his house without problems?

He graduated with honors in may, works 2 jobs got a full scholarship in columbus his mother is very mentally abusive and he may have to leave early and come to my house (family) she does not agree with his choices of college, so life is very hard for him. Can he leave without me or him being in... Read more »

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

Pursuant to Ohio Revised Code 2919.23 concerning Interference of Custody no person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a a child under the age of eighteen from the parent, guardian, or custodian of the person.

1 Answer | Asked in Child Custody for Ohio on
Q: Do u have to let a child go with the other parent if u had shared parenting but everytime child comes back its an issue

my daughter had court a week ago but could not afford a lawyer and didnt know what to do so she agreed to everything but everytime my grandaughter comes back to her she comes back filthey or with a rash or head lice and shes even had fleas in her hair. Is there anyway of getting help other than... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 22, 2022

Parents can check with the Legal Aid Society or Southeastern Ohio Legal Services for legal help with Child Custody cases.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My boyfriend wants to move to Virginia from Ohio but I do not. If I refuse, can he take our son with him?

We are not married. We have not filed anything in court. He is on the birth certificate. I am unemployed. He works, I care for our son. If we go to court, how likely would it be for him to gain custody of our son and move to Virginia with him?

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 22, 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 an... Read more »

1 Answer | Asked in Child Support for Ohio on
Q: Can I still get charged with back pay child support?

When the mother and I established paternity she refused child support I supported her financially since my son was born but we are at a point where we just don't get along anymore so I filed to pay child support. Can she still get back paid child support from when my son was born? I don't... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 22, 2022

A request for back child support must be made in advance. The parties are entitled to a trial for the court to decide if they cannot agree to settle the issue. At a court trial the parties can enter their testimony and provide evidence to the court concerning any reasons why the opposing party... Read more »

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Girlfriend went to jail for child endangering, she was high on something. What can I do? I'm the father

There is no court ordered child custody. This isn't the first time. Would it be easier to get mom to agree to custody for me or should I take it to court

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 22, 2022

Fathers can file a motion for legal custody into the CPS case and should show up to every hearing concerning the CPS case. It is important to get the case information as soon as possible. An attorney can help gather the information and file documents with the court.

View More Answers

1 Answer | Asked in Family Law for Ohio on
Q: My ex requested I have supervised visitations with my child. I went for my visit and he dropped my child off and left.

What can I file. I am a good mom. We just got done with pretrial and he broke a court order. The things he said to judge to get me supervised visits weren't true. I have some evidence but not alot. We've had parenting plan for 8 yrs

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

Parents involved in Child Custody cases can keep a log of events and issues which arise concerning the child. The log can be used at trial to help refresh a custodian's memory of what occurred including days, times, related messages and admissions by the other party. The other party will need... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If the wife committed adultery, how can the husband go about ending the marriage with no spousal support in final ruling

My wife cheated on me no longer than 7 months ago. We are still legally married with no legal separation. We are no longer living together as of a week ago. There are a lot of things regarding finances and property her and I are going over. However, I am curious as to how her betrayal benefits me... Read more »

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

Pursuant to section 3105.171 concerning equitable division of marital and separate property - distributive award in Divorce the Ohio Legislature has ruled the court shall provide for an equitable division of marital property prior to making any award of spousal support to either spouse and without... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Do I have to pay for a non full time student who is 22. Healthcare and other expenses

I agreed in my divorce settlement to pay for reasonable expenses until they were 26. I assumed that meant if they were still in school. Now my daughter is abusing that settlement term

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 14, 2022

Parents who are divorced with marital settlement agreements that promise to care for children beyond the statutory age have valid and enforceable agreements. This means that if one parent is not living up to their promises to care for adult children the other parent can file a Motion for Contempt... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My father sued me for grandparents rights and somehow won 2 hours a month even though my daughter doesn't want to go.

She still doesn't want to go. Can she choose not to go?

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 14, 2022

The remedy to request help when another party is violating a court custody or visitation order is to file a motion for contempt of court. The punishment for contempt is possible fines and/or jail time.

1 Answer | Asked in Family Law for Ohio on
Q: Father has missed 2 overnights. 1 was a no call no show. This weekend is his weekend and he was a no call no show again

Shouldn't he be held accountable for this? The GAL is defending him.

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

When parents miss visitation or parenting time pursuant to a child custody order of court the relevance of the missed time depends on the circumstances and reasons for it. It is advised to immediately seek the legal advice of counsel if a parent is in the middle of a child custody case and it... Read more »

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: I am trying to file for divorce, we agreed to do a dissolution and certain days for the father to see our son.

The father then got on drugs and rarely saw my son. He went to jail in november 2021, then to rehab and is now in a transitional housing unit, and still rarely seeing or contacting him. Is there anything I can do to fight this, besides getting a lawyer due to me having no job,as i am a stay at home... Read more »

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

Waverly Family Legal Aid & Pro Bono Services

Ross County Rural Victims Assistance Program

(740) 702-3190

28 N. Paint Street

Chillicothe, OH 45601

Family and Domestic Violence

OR

Southeastern Ohio Legal Services

(740) 773-0012...
Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I want to change my child’s last name to mine and terminate fathers rights. How do I go about this process?

Father is not listed on the birth certificate and paternity has not been established. I have no contact information and whereabouts are unknown.

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 3, 2022

In all name changes for minors in Ohio, both natural parents must consent to the name change or be notified of the hearing on the application for the change of the minor's name. If one parent does not consent that parent must be served with notice of the application and hearing by certified... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I am trying to get custody back for myc15 year old daughter which her half brother has custody I need to know my chances

I just got out of prison 3 months ago I am clean have a good job pay child support but I live with my sister and her husband but I have my own room and so does she

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 3, 2022

Parents can file a Motion to Modify Custody in Ohio based on a change in circumstances concerning the parties and/or the child. Prior to filing a motion it is always good to make an attempt to contact the other party to request visitation and/or their views on changing custody. While courts will... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I live in franklin county and I need to get my custody case moved here instead of union county.

He has used his money to break my family apart and it is so hard to keep doing this.

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

The Ohio Rules of Civil Procedure 3(D) states that upon motion of any party or upon its own motion the court may transfer any action to an adjoining county within this state when it appears that a fair and impartial trial cannot be had in the county in which the suit is pending. This means parties... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: In the Magistrate's Decision in a custody case, are the findings of fact enforceable?

For example, if under the finding of facts it says that one parent will have final say but it is not mentioned in the decision, does that parent have final say?

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

The Ohio Rules of Civil Procedure 53 (D) (3) states a party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision... if any party timely files objections, any other party may also file objections not later than ten days after the first... Read more »

2 Answers | Asked in Family Law and Probate for Ohio on
Q: My father died and his money was given over to my aunt since I was a minor, she apparently put it in a fund & I want it

My father's obituary says I have a trust fund and my aunt is the person who holds the money at a bank. I can't figure out which bank it is or how much money is there/or was spent but I feel like I'm being lied to. I need help.

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

The best place to start when investigating a family probate issue is at the county Probate Court where the decedent resided at the time of passing. The court keeps record of cases where property is held in trust by third party individuals. In some cases, the trustee or custodian is required to... Read more »

View More Answers

1 Answer | Asked in Divorce for Ohio on
Q: I’m filling out a certificate of assignment for my dissolution but we have NO minor children. How do I fill this out?
Raquel Ann Parish
Raquel Ann Parish
answered on May 30, 2022

Pursuant to Ohio Revised Code 3105.171 A division or disbursement of property or a distributive award made under an Ohio Divorce is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. This means a final order... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I want to leave my boyfriend but he's threatening to take our son. How does the court view mothers who go to shelters?

My boyfriend claims the court will award him full custody because he can financially support our son and I can't. I'm currently a stay at home parent and he works. If I leave him, I'll have to go to a shelter because I don't have any money or support system nearby. I'm... Read more »

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

Ohio Revised Code 3109.04 states that the court shall consider several best interest factors concerning the minor child for child custody cases including, whether either parent has established a residence, or is planning to establish a residence, outside the state. It is difficult to argue that a... 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.