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Questions Answered by Raquel Ann Parish
2 Answers | Asked in Family Law and Divorce for Ohio on
Q: Dividing marital assets-does using dividend checks jointly make the principal amount on an inheritance community prop.?

The inheritance was left in one spouse’s name and in separate investment account. Quarterly dividend checks have sometimes been used for items for both spouses. Principal never been cashed or moved.

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 19, 2022

Ohio is not a community property state. Pursuant to Ohio Revised Code 3105.171 the Court must make an equitable division of all marital property. The Ohio code states that marital property does not include any separate property and that separate property can be found if one spouse has received an... View More

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1 Answer | Asked in Child Custody for Ohio on
Q: I'm a single 24/7 mom. He's allowing women around my kid I don't know he's controlling and threatened to take her away

From me and I'm needing help . Please

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 15, 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 a... View More

2 Answers | Asked in Family Law for Ohio on
Q: I am representing myself in a grandparents visitation case in Ohio. Do I have to submit my evidence in advance?

My daughter was an unmarried minor when she had my grandson and they lived with me for 2 years until she graduated high school. She has kept any contact with my grandson for the past 6 months, ever since someone called CPS on her. I have tax documents, a witness, and pictures that I would like to... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 13, 2022

When parties for custody cases in Ohio wish to introduce evidence at trial they generally must follow the Ohio Rules of Juvenile Procedure, Ohio Rules of Civil Procedure, the Ohio Rules of Evidence, the local rules of court and/or any case schedule regarding submission of trial exhibits. Providing... View More

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1 Answer | Asked in Landlord - Tenant and Divorce for Ohio on
Q: Can I evict my husband if he moved out two weeks ago an lives in another town in ohio

My house in owned an in my name. If not can any other measures be taken to keep him from destroying my house there has been nothing filed but he has takin residence in another home

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

Ohio courts can make orders when parties are in the process of a divorce and they need to get rules in place quickly such as who will remain in the marital home or pay certain debts. As part of the court's temporary orders one party can be ordered to vacate the marital home and forced to find... View More

1 Answer | Asked in Child Support for Ohio on
Q: What steps do i need to take to prepare for an contempt of non support hearing in ohio.

I plan to represent myself, and don't want to go to jail

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

The Ohio Supreme Court has provided a brochure about contempt at this link: https://www.supremecourt.ohio.gov/JCS/CFC/resources/DRBenchCards/3_contempt.pdf

The other party must prove their case for contempt and the Defendant may provide evidence concerning any defenses to contempt....
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What is the age in Ohio kids can choose which parent to live with

My ex husband has full custody of my kids which is a while mother story of his deceit but he doesn’t have insurance on the kids will not take them to the doctor and there is 13 people living in his 3 bedroom ranch double wide what can I do to get my kids out of this situation my 13 year old... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 11, 2022

Pursuant to Ohio Revised Code 3109.051 (B)(2) A motion may be filed ... if the circumstances in the case have changed, at any time after a decree or final order is issued in the case (divorce, dissolution of marriage, legal separation, annulment, or child support). Where the best interest of the... View More

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: I'm already on child support for one child an she want to put me on child support for another child would I have two.

Would I have two child support orders or 1

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

There is a separate case for each child in Ohio when the parents are unmarried. However parents can ask the court to combine the cases for purposes of hearings and calculations if the parties are the biological parents of the children.

2 Answers | Asked in Family Law and Juvenile Law for Ohio on
Q: Can I kick him my 16 year old out?

My 16 year old son is leaving the house and staying gone for days. He will not respond to calls when calling him and is quick to let me know he is grown and dont have to ask permission to leave or answer calls, however I pay his cell phone bill. He's also disrespectful and will often try to... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 31, 2022

Under the Ohio Revised Code a minor child cannot simply apply to a court for emancipation. Generally, a parent must support a minor child until age 18, or beyond age 18 if the child attends high school on a full-time basis, is incapable of being self-supporting due to disability or if parents... View More

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2 Answers | Asked in Divorce for Ohio on
Q: Hello: According to Ohio law, what is considered a school fee? Is there a location to find the definition?
Raquel Ann Parish
Raquel Ann Parish
answered on Mar 29, 2022

The definition of school fee will depend on the history of the parties and their intentions about what expenses should be included as school fees. When parties do not agree re school fees they can petition the court for clarification of their current court order or file other motions if payment of... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: If my children are in a different time zone than what our court order states- what time zone do we follow?

Our court order states “ Father shall be permitted to have contact with the children by phone,

Instagram, Facetime, skype or similar electronic media a minimum of three

times per week for a maximum of up to one hour. The days and times may be

agreed upon by the parties. If... View More

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

The history of the parties plays a big role in how they conduct and carry out the terms of a shared parenting plan or child custody visitation order. Given the complexity of any case with a GAL etc there must have been some temporary orders in place while the case was pending. How were phone and... View More

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1 Answer | Asked in Child Custody for Ohio on
Q: How do I get shared custody of our 6 year old son?

Years ago we broke up and he got custody of our son. We've been back together for years now, living together and raising our son together

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

When parents agree to share custody in Ohio they can file an agreed Shared Parenting Plan with the court along with the supporting documentation. A motion for the changes must accompany the new plan when a court order is already in place as well. An attorney can help you get all of the papers in... View More

1 Answer | Asked in Family Law for Ohio on
Q: My friends husband has video recording devices in their home bedrooms and bathrooms. Minors in the house. Is this legal
Raquel Ann Parish
Raquel Ann Parish
answered on Mar 26, 2022

The Ohio Department of Job and Family Services has launched 855-O-H-CHILD (855-642-4453), an automated telephone directory that will link callers directly to a child welfare or law enforcement office in their county. Reports can be anonymous

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Child Custody for Ohio on
Q: What are things that an activist cant do-that an attorney can-besides filing paperwork for individuals?

Can they go into court and sit with them if they are pro se?

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

As a general rule in family law matters, the courts do not allow third parties to help or assist pro se litigants during a court hearing and only the named parties can be present in the court room for hearings. An activist cannot engage in the unauthorized practice of law which can include actions... View More

1 Answer | Asked in Child Custody and Domestic Violence for Ohio on
Q: Will police help a mother get a child back from the father if the father is refusing?

We were never married

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 21, 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. Another party would... View More

1 Answer | Asked in Family Law for Ohio on
Q: Does my ex-husband owe me for health insurance in the past if I made an error in what I told him was due?

My ex-husband and I have a court order to split kids expenses including healthcare. I pay for the healthcare from my job that I started in January 2019. He has been paying me $150 a month since I started the job. About six months ago I realized that I made an error in what I told him and instead of... View More

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

Your have the option to file for contempt of the court order if your kids health insurance was not paid in full and your kids' father refuses to pay the difference. Some sort of evidence that your ex should have known of the cost might be helpful. Your ex may claim a defense in that it was... View More

1 Answer | Asked in Child Custody for Ohio on
Q: Do you have to allow a parent to have visitation of a child if you have temporary custody to protect the child drug abus
Raquel Ann Parish
Raquel Ann Parish
answered on Mar 12, 2022

You are required to follow any current custody orders in place until the court changes the order. The county Court's local rules mandate the requirements for emergency custody where someone can request the court to grant emergency custody orders. Some counties highly disfavor emergency custody... View More

1 Answer | Asked in Family Law for Ohio on
Q: Can the residential parent allow my son to get a job that take place of my standard visitation order?

My sons 15 and I was informed that he will be working and during my visitation in another county that I have to make sure he gets to work over my time with me working as well

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 11, 2022

The short answer is that violation of a current court order is grounds for contempt. The long answer is that maybe you can discuss the work schedule with your son to see if he can adjust his schedule so that he is not late to his job during your parenting time. Given your child's age and new... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Closing Joint Bank Accounts?

Fairfield County, OH: My wife had our son file for a Protective Order. April 2021 he was 17 and Sep 20 he turned 18. He graduates in May 2022. He was granted 3 years. He enjoined my wife and his sister in the order. According to the PO electronic communication is a violation of the PO. My wife... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 11, 2022

The answer to this question depends on whether or not you have temporary orders in an active Divorce case. Sometimes court put orders into place to prevent parties from making changes to joint accounts such as removing funds and closing accounts. If there is no current court order in place... View More

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