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Questions Answered by Cathy Cook
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I'm 17 years old I got the mind of 21 year old I want to move out and better my life cuz my mom treats me like I'm in

A prison can I get emancipated to live on my own a give my self a better life

Cathy Cook
Cathy Cook
answered on Feb 21, 2021

Sorry, but we don't have such emancipation in Ohio. If she is physically abusive, you can call 241-Kids for assistance.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I lost my kids around halloween. I have been seeking help for my drug addiction since june. I need to know my rights

I have not taken this time to do what i need to do like go to treatment or get clean. I need to and i have every intention. But im not able to see children

Cathy Cook
Cathy Cook
answered on Feb 17, 2021

You should be able to get supervised time with your children. See if you can obtain a public defender to file a motion for you. You need to make treatment your number 1 priority.

1 Answer | Asked in Family Law for Ohio on
Q: Father has standard visitation. Recently hasn’t been showing up for visits and is leaving the kids with his parents.

His parents come pick up the kids. Sometimes he would ride along. Now he’s not coming at all and I find out tat he isn’t there for the visits at all. What can I do?

Cathy Cook
Cathy Cook
answered on Feb 17, 2021

You can file a motion to modify parenting time based on his failure to exercise his time. His parents may file a motion for grandparents rights.

1 Answer | Asked in Juvenile Law for Ohio on
Q: I bought an iPhone and airpods with my own hard earned money. Then my dad just took it away and wont give it back.

He took it and wont give it back to me. Is he legally allowed to do that?

Cathy Cook
Cathy Cook
answered on Feb 13, 2021

I'm sorry for your situation. Unfortunately, while you are a minor, your parents are in control. Unless your father is physically abusing you, there is nothing you can legally do.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Ohio on
Q: The father of my daughters child has held him from her & us for over a month.

They are not married to each other but he is married to another woman. He has withheld their son from my daughter & us for a month now for revenge. My daughter has offered to appear for mediation with him but he won't answer. His wife has threatened my daughter with violence, has attacked... View More

Cathy Cook
Cathy Cook
answered on Feb 11, 2021

Yes, a kidnapping charge could be filed, but mom will have to cooperate in that. If she's afraid of arrest, she should obtain an attorney to assist with that case. The longer she waits to get her child back, the worse it will look to the court.

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1 Answer | Asked in Divorce for Ohio on
Q: How would I go about a divorce when I haven't seen or talked to my spouse in over 10 years?
Cathy Cook
Cathy Cook
answered on Feb 10, 2021

You would need to make an effort to find your spouse. If you cannot, then you file for divorce and serve your spouse by publication. Once that service is complete, you will have a hearing with the court where you will have to testify regarding marital assets and debts, if any, the court must divide.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Rights to ask for in court for visitation

I have not seen or heard from my daughter or her mother since April 2017. She completely cut off all contact and accuses me of abuse. I have never hurt my child or ever left a mark on my daughter. I do spank her when needed but give multiple chances for getting that point. She has no proof of abuse... View More

Cathy Cook
Cathy Cook
answered on Feb 6, 2021

You have the right to parenting time with your daughter. Unfortunately, because you waited so long to take action, you will have to become reacquainted with your daughter. That means gradually increasing your time with her. If the mother claims abuse, you will have to defend yourself. If that... View More

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: What constitutes a gift ? Profits from house sale give to 1 person and 1yr later the other spouse wants there share back

Have a signed notarized agreement to gift the profits of home to other spouse

Cathy Cook
Cathy Cook
answered on Feb 4, 2021

Need more facts. If you were separated, physically & financially, when this was written, it could be a partial separation agreement and valid. If this was done while you were still living together or still financially together, it would not be, ax we do not recognize post-nuptial agreements in Ohio.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: How is this going to be legally viewed by the courts?

Father abandoned children 4 yes ago.

Children’s counselors have found evidence of mistreatment and abuse during the initial visitations with him and his girlfriend. The councilor”s filed reports with CPS.. the children are fearful and do not want to return to visitations. Does his... View More

Cathy Cook
Cathy Cook
answered on Feb 4, 2021

The court will always try to reunite children with a parent, barring any proof of ongoing abuse. I'm surprised the initial visits have not been supervised. You might be able to get them supervised now if the counselor will testify about concerns for the children's well being.

1 Answer | Asked in Divorce for Ohio on
Q: What if she refuses to sign the papers
Cathy Cook
Cathy Cook
answered on Jan 31, 2021

If your spouse does not sign a separation agreement or shared parenting plan, you will have to pursue a court order.

2 Answers | Asked in Family Law and Child Support for Ohio on
Q: If i agreed to terminate child support and now the father is not helping with anything can I refile?

The father of my child and I had gotten back together trying to work things out, we filed an "agreed entry" with the courts stating that we agree to do what's best for the child and he would pay zero support. We did not work out we are no longer together and he is not doing whats... View More

Cathy Cook
Cathy Cook
answered on Jan 21, 2021

I agree with the other answer & add that if it has been 3 years since you dismissed support, CSEA will review at no vharge to you.

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1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: If I am on the mortgage can I still apply for a house on my own? I want to apply for one with my bf this year.

I just dont want me to not be able to get a house bc they are using my credit for him to keep the house

Cathy Cook
Cathy Cook
answered on Jan 19, 2021

You will probably have trouble qualifying since you are on another house loan. You should have required you ex to refinance the loan.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Friend involved in a very messy divorce in Ohio. They were suppose to negotiate a dissolution, but when he wouldn’t

agree to all of her demands and he finally found evidence of her adultery, she filed for divorce. For 4 months since, it has been hell. She started arguments and then blames him, she refused to let him back in the house when they were suppose to be taking turns, has bashed him on all social media... View More

Cathy Cook
Cathy Cook
answered on Jan 17, 2021

Your friend should discuss his attorney for his plan & time frame. He may also wish to obtain a second opinion on how to proceed. It is very difficult to provide more without knowing more details on the case and orders.

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: How do i get my name off the house if paperwork is filed and bank still wont let me get off because debt to income

I have been divorced for 3 years. My ex has the house bc it's his grandfathers. He filed the paperwork for me to get off the house but the bank wont let me bc of his debt to income ratio. I want off the house bc i would like one on my own. It's part of the divorce settlement

Cathy Cook
Cathy Cook
answered on Jan 17, 2021

Sorry for your situation. Does your divorce settlement provide that if your ex cannot refinance he must sell the house? That is likely the only way you can get off the mortgage debt if he cannot refinance. If it doesn't, you can ask if he'd agree to do so, but he has no legal requirement to.

2 Answers | Asked in Divorce for Ohio on
Q: Should I turn off the utilities in my name since I moved out and he still lives there or wait until after divorce?

My husband and I are divorcing. The house is in both our names, but all the utilities are in my name. I moved out in October. Should I keep them in my name until the divorce is done or turn them off and make him turn them on in his name?

Cathy Cook
Cathy Cook
answered on Jan 17, 2021

I agree with the prior answer if the divorce has been filed. If not, you are legally free to do this, but you should inform your husband so he has the opportunity to just change to his name without service disconnection.

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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... View More

Cathy Cook
Cathy Cook
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
Cathy Cook
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
Cathy Cook
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
Cathy Cook
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
Cathy Cook
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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