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Questions Answered by Cathy Cook Esq
1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: What action can I take to get back daughter that I have full custody of ?

My daughter is 15. I have full

Custody of her. The court ordered visitation specifies that her dad gets to see her for 1 hr a week in my home. My home is currently in Oregon her dad is in Ohio. The court order is from when we all lived in Ohio. I allowed her to spend 3 weeks with him in... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Nov 29, 2020

Did your custody order allow you to move out of state with the child without the father’s agreement or court permission? That would be unusual. You can file for contempt in Ohio in the county where the agreement was filed.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: I was ordered to take a mental exam for custody and a drug test ive done both but the court wont set a date for visits

The guardian ad litem filed no contact order for my daughter and i stating i was mentally unstable and on drugs which im neither and she never even met me i have never seen her or anything ahe just told the magistrate that from the word of my exwife

Cathy Cook Esq
Cathy Cook Esq answered on Nov 20, 2020

Do you have an attorney? You need an experienced child custody attorney to assist you. Have you seen the psychological report? Your attorney will need to review that to determine how to proceed?

2 Answers | Asked in Divorce for Ohio on
Q: Due to the pandemic my ex hasn’t paid child support for 5 months because he was laid off. Does he still owe it to me?

He said he doesn’t owe it to me because while we were separated and the divorce was not finalized he was giving me support money out of the kindness of his heart. So we should be equal or I should pay him back for doing that. Is that true?

Cathy Cook Esq
Cathy Cook Esq answered on Nov 20, 2020

No, you owe him nothing. For him to change the support he owes you now, he would need to file a motion to modify. If you file for contempt for his non-payment, that might prompt him to do so.

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1 Answer | Asked in Divorce for Ohio on
Q: I am trying to file for divorce I am on disability. I need spousal support. no child support.
Cathy Cook Esq
Cathy Cook Esq answered on Oct 23, 2020

See if the domestic relations court in the county where you live has a law clinic where you can receive free legal assistance with your court filings.

2 Answers | Asked in Divorce for Ohio on
Q: My mother is separated from an abusive long term relationship. What are some of her rights she should be aware of?

Right now divorce is not on the table, they are receiving separate counseling. My father is volatile, and I would not like her to be caught off guard. What are some things she should keep in mind going forward if my father tries to surprise her with divorce papers?

Cathy Cook Esq
Cathy Cook Esq answered on Oct 23, 2020

There are not enough facts here to provide specifics. She should try to gather all documents she can on his income and their assets and debts. She should then seek a consultation with an experienced family law attorney in your area.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: Ohio- I gave birth to my child before marriage, my husband and I have been separated for 2 years, I need a divorce

What can I do to solve problem of divorce and custody , what are my rights

Cathy Cook Esq
Cathy Cook Esq answered on Oct 11, 2020

If your husband agrees to do so, you can deal with parenting issues in the divorce. If not, or you prefer not to, you can deal with parenting in juvenile court. You should consult an attorney in your county to determine your best option.

1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: I need to know what my rights are to my children , while separated?

My wife is telling my 14 year old daughter that she doesn’t have to answer my calls. And that I cannot spend time with her.

Cathy Cook Esq
Cathy Cook Esq answered on Oct 11, 2020

While you have equal legal rights to your child, if the mother is preventing you from spending time with her, you will need to file for divorce and request parenting time ordered by the court.

1 Answer | Asked in Child Support and Divorce for Ohio on
Q: In Ohio getting a dissolution, she doesn’t want child support or alimony. Can I put 0 for all the child support values?

I just need to figure out how to properly fill out everything so that no support will be owed.

Cathy Cook Esq
Cathy Cook Esq answered on Sep 29, 2020

You will have to prepare a child support worksheet with all required numbers. On the deviation line you put the amount owed as a downward deviation. You will then have to explain why you are deviating to zero in the agreement, whether a shared parenting plan or a separation agreement. The... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: My wife and I have decided to work our marriage out and stop our divorce process. How can we do that.

My wife and I have decided to work our marriage out and stop our divorce process.

How can we do that.

I filed the divorce and she filed a counterclaim for divorce!

We want to dismiss everything! Do we both just filed motions to dismiss it all? What is the wording?... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Sep 29, 2020

You can prepare a one-page document with your case information at the top. In the body put, “ Now come Plaintiff and Defendant and hereby voluntary dismiss the divorce and counterclaim.” Put signature lines and both sign.

1 Answer | Asked in Divorce for Ohio on
Q: Can my ex demand psych evaluation?

Divorce is nearly complete, but suddenly my ex wants psych evaluations. This would include himself, his live-in girlfriend, and me. I’m fine with this, but he also wants my new boyfriend to undergo it. We’ve been seeing each other a month and aren’t living together.

Cathy Cook Esq
Cathy Cook Esq answered on Sep 19, 2020

I can only speak to Ohio, and it looks like you may live in another state. It is unusual for the court to allow psychologicals near the end of the case. It would be extremely unlikely for the court to consider an evaluation of a boyfriend. This is especially true if the boyfriend has no known... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: I got married Sept 18 2019 .she owns the house .i put 20,000.00 in repairs and help with our agreed to help with the b

Do i get my money back .she filled for divorce

Cathy Cook Esq
Cathy Cook Esq answered on Sep 15, 2020

Improvements, not repairs, usually increase the value. You don’t generally receive dollar for dollar value increase for those improvements. If there was an appraisal pre-repairs, though, perhaps you can show increased value now.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: My mother is the custodial parent. Is there anyway I can live with other guardians without her consent.

I’m 15

Cathy Cook Esq
Cathy Cook Esq answered on Sep 6, 2020

Parents have superior rights. Your other parent could seek custody but must show a change of circumstances since custody was given to mother and that it is in your best interest for the other parent to have custody. For a non-parent to gain custody, your mother must be shown unfit.

1 Answer | Asked in Divorce for Ohio on
Q: I got married in April. He has cheated. He is abusive n a no contact order n place since end of july. I want a divorce.
Cathy Cook Esq
Cathy Cook Esq answered on Sep 6, 2020

I’m sorry for your situation. Given the short marriage, your divorce will not be a difficult case. The problem will be whether your husband makes it difficult. You can obtain the necessary paperwork from you local domestic relations court and file yourself or seek a divorce attorney In your area.... Read more »

2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Ohio on
Q: How can I find out what my husband has done with his early withdrawn 401k funds

72000dollars

Cathy Cook Esq
Cathy Cook Esq answered on Sep 2, 2020

You will need to do a request for production of documents to trace the funds from withdrawal from the 401k to where they were ultimately placed or spent. You will need counsel to assist you.

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1 Answer | Asked in Divorce for Ohio on
Q: Can I go public on social media with my relationship?

Hello, I'm married, bit haven't lived with my spouse in over a year. I have a Girlfriend now and was wondering if posting things with my girlfriend on social media could effect my divorce when I decide to file.

Cathy Cook Esq
Cathy Cook Esq answered on Aug 22, 2020

You are free to do that. Keep in mind, however, that emotions can make the marriage termination more difficult. If your spouse becomes upset about the new relationship, she may fight the divorce. Also, if you have children, she may fight your parenting rights.

2 Answers | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Ohio on
Q: I am fighting to remain in my daughters life. Her attorney is asking for documents already given. And my EIN paperwork.

He was given most of the documents already.

He want proof of my EIN.

Cathy Cook Esq
Cathy Cook Esq answered on Aug 20, 2020

If this is just a parenting time case, your business & income are not an issue. However, if it is also a child support case, they are. Hopefully, you have evidence that you previously provided documents. As it appears you are self-employed, your business documents are relevant.

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My wife was supposed to receive her part of the QDRO over three years ago. How can she get the QDRO reassessed?

The date went back to the separation date, 3/17/2014, but it hasn't been paid out yet. As for as we know her ex has been profiting from her share still being in the fund. Decree says loses and gains. This should include the entire time period he has not paid it out. Correct?

Cathy Cook Esq
Cathy Cook Esq answered on Aug 17, 2020

Normally, the person receiving the money is responsible for preparing, filing, and sending the QDRO to the company to get the money paid. Look at the decree to see who was to do this. If your wife, obtain an attorney to assist you with it. If her ex was supposed to do it, file a motion for contempt... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I am in an abusive marriage, not living together for over a year. What is your average cost for a divorce?

He currently has two domestic violence charges against him, put assures me he is not finished yet. He does drugs and is very violent. He has stolen my car keys and just recently cut my brake line. I now have been given me a camera to put inside my home. I live in a trailer park in Sidney, OH... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Aug 17, 2020

If he has DV charges, there should be a protection order keeping him away from you. If he violates it, you can have him arrested. You could also get a civil protection order through domestic relations court against him. Further, you need an attorney in your area to assist you in filling for... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can we put our divorce on hold to try and reconcile after wife filed papers?

Pretrial and final date were set before my papers were even due

Cathy Cook Esq
Cathy Cook Esq answered on Aug 17, 2020

If you both agree, you can request the court put the case on hold for 90 days while you attempt reconciliation. If your wife doesn’t agree, you can file a motion foe conciliation asking the court to order her to try.

1 Answer | Asked in Divorce for Ohio on
Q: divorce in Ohio My spouse is wanting me to change my address he is the sole owner of our martial house good or bad

Just want to know if he can do anything if I change my address

Cathy Cook Esq
Cathy Cook Esq answered on Aug 4, 2020

He cannot force you to leave your marital home without a court order. If you move on your own, it will be easier For him to get exclusive occupancy. You have a right to half the equity built in the house during marriage, as well as any other property.

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