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Questions Answered by Cathy Cook Esq
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What is considered contempt in a custody case?

Court order states no party shall block the other. The plaintiff put my messages to ignore on FB messenger so my messages were not getting delivered and if I tried to call it would automatically hang up. Would that be considered going against orders?

Cathy Cook Esq
Cathy Cook Esq answered on Sep 26, 2021

Based on what you report of the order, yes. However, I would prefer to see the entire section before stating if you would be successful on a contempt motion.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My daughter's father has tested positive for covid. Our daughter and myself have both tested negative.

She was/is with him for his time according to our shared parenting plan. He is refusing to allow me to pick up our daughter. Can I take her against his wishes and can I refuse visitation with him due to his positive covid result (

Cathy Cook Esq
Cathy Cook Esq answered on Sep 26, 2021

Generally, the Courts are not requiring parents to relinquish parenting time due to a positive COVID test. Has your daughter been vaccinated or is she too young? Does she have any health conditions? Is he wearing a mask, having her do so, and keeping distance?

You might see if her...
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1 Answer | Asked in Divorce for Ohio on
Q: In Ohio if both parties file for divorce in separate counties, what county has jurisdiction?
Cathy Cook Esq
Cathy Cook Esq answered on Aug 3, 2021

If both have lived in their counties 90 days before filing, the one who obtains service first is the county where the case will be.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My son's mother passed away March 12th 2021, I paid $420 for emergency custody .I was scheduled a zoom meeting on the

And my fiance at fibroids surgery the surgery took longer than expected so I missed that zoom meeting.I rescheduled another meeting I had some phone issues that were my fault.I received an email saying that the case has been dismissed without prejudice because of rule 53 and I believe rule 27 where... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 20, 2021

You can refill but I would advise consulting with an attorney to assure you are doing it correctly.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do I need a lawyer from Ohio to represent me?

In the recent years my children have lived with their father as he has sole custody of them due to circumstances in my past. However, 3 years have passed and I am capable to take care of my children however their father seems unwilling to let me get custody. I am prepared to go to court but I... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 20, 2021

Normally, you would file in the state where the divorce occurred. If that was Wisconsin, the father may get it moved to Ohio because that is where the children are and where any custody investigation should occur. If it was a state neither of you live in now, you file in Ohio where the children are.

1 Answer | Asked in Family Law for Ohio on
Q: In Ohio can grandparents get custody of baby if unwed mother dies without notifying birth father?

Birth father not on birth certificate and has not established paternity at all. No child support has been established or paid. Would a will be needed? Would the court notify him if no paternity established?

Cathy Cook Esq
Cathy Cook Esq answered on Apr 17, 2021

Grandparents will need to file for guardianship in probate court. Father will have to be notified and may then file for custody.

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: Does my husband have to pay child support if the child's mother went on Vacation to Puerto Rico and decided to stay?

My husbands children are 27 and 28 years old. When he was with the mother of the children she decided to go to Puerto Rico while she was pregnant and stayed there without his consent and had the child in Puerto Rico. He said he tried back then to establish child support and it was very difficult.... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 16, 2021

Sounds like some entity is trying to collect support from him. You need to retain a local attorney to determine if the order is valid.

1 Answer | Asked in Family Law and Civil Litigation for Ohio on
Q: Is there a way to have a previously filed motion corrected in Ohio

A non-attorney GAL filed a motion which incorrectly refers to a child victim in my case as the offender. She has made no effort to correct it. I was afraid to push the issue before her evaluation was finished. Now that it is, I want the record to be corrected. How do I ask the court for this?

Cathy Cook Esq
Cathy Cook Esq answered on Apr 16, 2021

Motions cannot be corrected. Only entries can.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: A man is helping his female friend get pregnant but doesn’t want to pay support (she agrees) what should be done prior

The “donor” doesn’t want to move forward until he gets something in writing saying she will never sue for support, what’s the best way to go about this?

Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2021

You need to engage a local family law attorney to draft a contract to cover all aspects of this agreement.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How can we know if a guardian ad liedum is doing a fair job or just collecting her fees?

My son is in a custody battle. The guardian ad liedeum seems to be believing everything the mother tells her. Even making my son get his house inspected for structural soundness because the mother said it not structural sound. Can his lawyer make much difference in his custody battle or is it all... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2021

Your son should meet with his attorney to discuss his concerns and what can be done. If he is not satisfied with those answers, he should seek another opinion.

2 Answers | Asked in Family Law for Ohio on
Q: I have a question my son and his girlfriend just had a baby and she is still married to her first husband and my son

Is the father but the hospital won’t let him sign the birth certificate is that a law in Ohio?

Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2021

Your son needs to file for a paternity finding. He can call the Dept. of Job & Family Services to learn how or obtain a local attorney to assist.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I fled my abusive partner with our daughter to pa. He hasnt seen her in +1 year. Can he file for custody? He cant in PA
Cathy Cook Esq
Cathy Cook Esq answered on Apr 12, 2021

If the child was conceived in Ohio, he could file here. You might be able to move the case to PA because that is where the child lives.

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: DO I HAVE TO GIVE MY WIFE HALF OF MY INHERITED MONEY?

I HAVE INHERITED MONEY FROM MY MOTHER AND I HAVE THE ORIGINAL LETTER. MONEY IS IN AN IRA ACCOUNT AT FIDELITY. I HAVE SOLD STOCKS AND BOUGHT BETTER STOCKS. BUT ALL THE MONEY IS STILL THERE. MY WIFE'S NAME IS ON THE ACCOUNT BUT SHE WAS NEVER GIVEN THE PASSWORD. I CAN PROVE THE MONEY WAS GIVEN TO... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 12, 2021

The money is your separate money unless Wife proves you intended to gift it to the marriage. If you put her name on because you said this is our money, that would be a gift If you put her name on so she could easily inherit if you died during the marriage, that is not a gift. You do need to discuss... Read more »

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2 Answers | Asked in Divorce for Ohio on
Q: Do I have to share my checking account with my husband when we divorce the account is only in my name

I opened the account almost 5 years ago and we have been married for almost 15 years

Cathy Cook Esq
Cathy Cook Esq answered on Apr 12, 2021

I agree with the other answer. However, there are other separate funds besides inheritance. Talk to a local attorney about your facts.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Can a mother refuse to let the father see his kids without her present?

The father pays child support but the court did not set a visitation schedule due to the mother not showing up for court. She will let him see the kids but only when she wants and she has to be there the whole time. He can't even take the kids out to the park or do anything with them. She only... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 5, 2021

Father needs to file for parenting time again & get actual service on mother. If she doesn’t show then, an order can be issued. If she does appear, Father will need to be prepared to deal with any claims she makes as to why his time should be limited & supervised.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: i have guardianship / child support order, my child lives with me, dad wont return him ,dads environment is very toxic .

My child turned 15 , his father is an alcoholic , has lots of guns not locked up and discusses using those guns with my son, sent me photos by text with guns strapped on our son, my child doesn't realize his father actions aren't good, he allows him the freedom of making his own decisions... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 26, 2021

I’m not following your legal situation. Parents don’t have guardianship. They have custody or shared parenting. If father has court ordered parenting time, he has to return your child at the end of his time. If he doesn’t, you can ask the police for help. If father refuses to return him, you... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can my soon to be ex- husband dictate who watches our kids when we are at work?

This is a fresh divorce (2 weeks). We still live in the same house but hoping he is moving soon. There has been a long history of mental/emotional abuse. There was a first time ever confrontation between my mom (our full time sitter - 5 days/wk) and my husband regarding some verbal/emotional abuse... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 26, 2021

First, you need an attorney in your divorce. On this issue, you need to file a motion to restore your mother as the babysitter.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: Should I talk to the Guardian ad litem about this issue?

My daughter confided in my that her other parent told her I’m the reason she can’t partake in cheer. The other parent said I wasn’t allowing her to participate in other activities last year before the pandemic and was unlikely to allow this in the future. I reassured my daughter that I want... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 25, 2021

Yes, you should inform the GAL.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Can I be forced to testify in domestic violence case?

I'm the victim (ohio) in the case. I asked to press charges but I no longer want to participate in the trial. The pre trial is next month. Can I refuse to testify in the state of ohio?

Cathy Cook Esq
Cathy Cook Esq answered on Mar 15, 2021

You need to obtain advice from a criminal defense attorney. If you gave a statement to the police alleging domestic violence and now refute that claim, you could be charged with a crime yourself.

2 Answers | Asked in Family Law and Legal Malpractice for Ohio on
Q: Me and my ex share a kid and she is forcing me to get the covid vaccine if I want to continue seeing my kid. Is it legal

She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.

Cathy Cook Esq
Cathy Cook Esq answered on Mar 15, 2021

I agree with the prior answer. The governor’s stay at home order made an exception for parenting time court orders. So, if you had one of those, you could have proceeded with your time. Not sure why you wouldn’t want to get the vaccine, but there is no legal requirement to do so. However, your... Read more »

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