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Questions Answered by Raquel Ann Parish
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...
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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 »

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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 »

1 Answer | Asked in Family Law for Ohio on
Q: If the GAL was just released from the case do I contact her???
Raquel Ann Parish
Raquel Ann Parish
answered on May 26, 2022

When a Guardian Ad Litem is released from a case for child custody it means that person has completed or is absolved from completing their duties as Guardian Ad Litem either because trial occurred and the case ended or the parties came to an agreement. The duties of the Guardian Ad Litem can be... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I'm currently in great fear for my child's life. Her father yelled out in court she is suicidal, please help!

My child has been kept from me bye her father after wrongfully receiving custody when he made a false allegation against my son of sexual abuse against my daughter . It was unsubstantiated and hospital found absolutely NO evidence,Long story, now he was found in contempt for keeping her from me he... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 26, 2022

Parents can file a Motion for the court to appoint a Guardian Ad Litem to request a full investigation by a neutral third party concerning the child during an Ohio Child Custody case. If the parents cannot afford the cost of the Guardian Ad Litem or are indigent they can request the court to... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I am 66 and about to retire and work three days a week. I am also getting a divorce. I have already moved into my own.

My husband gets a pension from Ford motors. Now I have heard that I may be able to receive a part of that pension. We have been married 12 years. If this is true, will it be taken from his existing pension or not. If not, what steps do I take in order to receive this benefit. I could really... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 26, 2022

Pursuant to Ohio Revised Code 3105.171 a division or disbursement of property or a distributive award made by 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 that the final order... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: My divorce got finalized a few months ago. I just found out he was hiding money. Is there anything I can do ?

He left 7 cents in the joint account where my paychecks went to and made it seem like he was broke and struggling. He had over $20,000 in one of his accounts. I’ve been having car problems, driving an hour to and from work and ended up moving a few hours away because he kept harassing me, would... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 25, 2022

The Ohio Rules of Civil Procedure Rule 60 provides grounds for filing motions to request a new trial after a Divorce Decree has already been granted. Failure to disclose certain assets is grounds to claim fraud and possible perjury. However, the Court may not grant the motion if there is a finding... Read more »

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1 Answer | Asked in Child Support for Ohio on
Q: Can the Ohio child support agency garnish wages for admin fees only and Claim its for child support?

I have a received a letter stating garnishment of wages for child support. I do not owe child support but do owe an admin fee. The letter sent to my employer claims the garnishment is for child support. This is from the Hamilton county child support agency. I have called several times and have... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

The Child Support Enforcement Agency can garnish wages until all funds owed are paid. Most likely any administrative fees were included in the wage withholidng order for garnishment.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I know this is asking for a miracle. Are there any pro bono or low cost lawyers in Columbus Ohio for Father's Rights?

I have had both of my children ripped from underneath me. I pay child support for one and they left the state and I have no clue where she is. My son had an incident last year with his mother where children services were called on her and nothing was done and now she has moved out of state. I feel... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

The Legal Aid Society of Columbus may be able to help. The Legal Aid Society of Columbus (LASC) exists to provide free assistance and guidance to those attempting to navigate our complex legal system. In order to qualify for free services at The Legal Aid Society of Columbus, you must meet income... Read more »

1 Answer | Asked in Child Support for Ohio on
Q: My employer is taking to much child support out of my paycheck. If they continue do I have a legal option?

I pay child support biweekly. I was on STD and got behind but paid cash to cover the back amount plus the current month to get my balance to $0. My employer continues to take the adjusted amount out of my paycheck even though I have provided documentation that I am not behind on support. I’ve... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

In the state of Ohio, Cash payments made directly to a parent instead of the Child Support Enforcement Agency is considered a gift. The parties can file an agreed motion and order to reduce child support by the amount of the cash gift and file it with the court for a judge's signature. The... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My lawyer said i didnt need to put my sons legal last name on anything that was not a legal document. Is that still true

We have legally changed his name but Have not yet gotten his birth certificate changed. His new name is hyphenated and for football he'd like to go by just one of the last names but we were told he cannot.

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

Parents who need to make corrections or edits to a child's birth certificate can fill out a birth certificate Affidavit of Correction and submit it to any county local public health office. Information to change a birth record, form and locations of health offices can be found at this link:... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: I have many questions on family law and how to get these laws changed. Contempt charges are a joke.

Most divorce laws are ridiculous and something needs to be done. No wonder divorce is so stressful. I am having so many problems with my almost ex not doing anything or giving me paperwork and he gets away with it

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

The Ohio Supreme Court has provided forms concerning filing for Contempt at this link: https://www.supremecourt.ohio.gov/JCS/CFC/DRForms/courtOrderEnforcement.asp

Other Ohio Family Law forms are also available from the Supreme Court on their website. Ohio Revised Code Section 2705.031...
Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Want Divorce from alcoholic husband. Together we have 3 daughters and he refuses leave! What are my options?

Married 12 years.

His unpredictable behaviors are escalating, now having people over 4 nights a week, until 2am most times. I am a professional with a demanding schedule and will need a nanny afterwards. I'm very on edge lately not sleeping, worrying about the safety of myself and... Read more »

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

There are situations where the parties will need help from the court to make decisions about the marital home and marital property at the very beginning of the Divorce case. Courts in Ohio use temporary orders to give the parties a set of rules which they must follow while the Divorce case is... Read more »

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2 Answers | Asked in Divorce for Ohio on
Q: Divorce question.

My wife and I are seperated and getting a divorce. She has offered to settle out of court with her getting 20% of my income. She says I should take the deal because if we go to court she will be granted 33% automatically. She's claims to to have medical conditions that won't allow her to... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 29, 2022

It is always advised to immediately consult an attorney when one spouse is claiming the other spouse should just "take the deal." Divorces in Ohio are granted pursuant to Ohio Revised Code Chapter 3105 where the Ohio legislature has laid out the rules such as in section 3105.171 for the... Read more »

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1 Answer | Asked in Child Custody for Ohio on
Q: I’m in the middle of a divorce. The children have lived with me since the split with him getting visits.

I had a hospitaliztion and cps put the boys with the father. Cps has has cleared me. What are my legal rights for the boys to come home and what steps should I take?

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 28, 2022

Pursuant to Ohio Revised Code Section 3109.043 concerns temporary custody orders and states that in any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, when requested in the complaint, answer, or counterclaim, or by motion served with the... Read more »

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