I have a loved one that was wrongfully convicted and his ex has his children not wanting to talk with him and I as a best friend no law experience but trying to get this overturned and him reunited with his children.
Parent alienation Syndrome and Malicious Parent Syndrome are not recognized by the American Psychiatric Association as actual "Syndrome". A Divorce or Custody case in Ohio based solely on the issues of alienation and malicious parent fails to take into the consideration the best interest...View More
Unmarried Fathers can register their potential paternity with the Ohio putative Father's registry so the state is aware of the Father's claims. Unmarried Fathers in Ohio can go to Child Support to request DNA testing and an administrative order of Paternity to establish parentage....View More
The tracking indicates it is running late, but on the way. When I checked with the post office they said I should have received it by now, it was probably destroyed by their sorting machines. Not sure how to proceed or who to contact. I do not have an attorney due to finances. I let her and her... View More
The Ohio Rules of Civil Procedure require that service must be completed on the opposing party prior to the court making any final rulings in the case. There is nothing to do until the papers are received from the post office, sheriff or process server. Parties who avoid service can be served by...View More
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...View 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...View 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...View 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... View 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...View More
The court says if he does not show on court day, they cannot do anything. The husband just informed my granddaughter that he is moving to Kentucky. He says he will be there for court, but we know better. What can she do to get this uncontested, all signed, in agreement, dissolution done on court... View More
In order for a Dissolution in Ohio to be finalized both parties must sign all documents and appear to give their consent to the Dissolution at the Dissolution hearing. Some counties allow Zoom, Whatsapp or Bluejeans video attendance if one party cannot appear in person. Parties should contact the...View 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:...View More
Pursuant to Ohio Revised Code 3119.07 If the parents have split parental rights and responsibilities, the child support obligations of the parents shall be offset, and the court shall issue a child support order requiring the parent with the larger child support obligation to pay the net amount...View 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... View 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...View More
Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... View More
Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be...View 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... View 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...View More
I am the custodial parent living in NC. The father brought the complaint in Ohio. I have a deadline to answer to complaint and am wondering if i can ask for a continuace in order to retain counsel and if so how?
In Ohio, filing Motions for Ex Parte Emergency child custody orders varies county to county. They are not permitted in all counties and if they are permitted parties must meet the applicable legal standard to receive such an order. When an Ex Parte Motion is granted the court is required to hold a...View 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...View More
Me and my mom have been having ongoing issues between each other and it doesn’t get better and I have talked to my grandma about her and she has said I was welcome to live with her to have somewhere to go till I turn 18 in a few months or graduate highschool this school year, too specify more I... View More
Pursuant to Ohio Revised Code 2919.23 no person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a minor child from the parent, guardian, or legal custodian. A parent guardian or legal custodian must give permission for a minor...View More
I’ve recently discovered my husband has a substance abuse issue due to him overdosing in our bathroom. I don’t have any emotional/financial support in this state. We have a 2 yr old together. I’ve begged him to seek help but it’s been a few weeks since the incident and still nothing. Can I... View More
When parents in Ohio are married both parents are the residential parent and legal custodian of their child and can make decisions for their child such as moving out of state unless there are orders of court otherwise. Moving out of the state is not a guarantee to being able to remain out of state...View More
Parties seeking an uncontested Divorce with children or a Dissolution with children in Ohio must write out their agreements for the court to order a termination of the marriage. The agreements to terminate the marriage with children must include property division, a parenting plan and child...View More
The woman is acting really suspicious and constantly delaying won’t send me the paperwork I keep asking for to get the divorce going. I don’t even know if I’m actually married it was all done over the phone I called her and she three-way called another woman that was supposedly the one that... View More
Pursuant to Ohio Revised Code 3101.08 describes who can marry people an ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, a judge of a county court in accordance with section 1907.18 of the Revised Code, a judge of a...View More
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... View More
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...View 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.