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Questions Answered by R. Scott Patterson
1 Answer | Asked in Family Law and Child Support for Ohio on
Q: how long does my ex wife have to provide me a bill for 1/2 my kids medical expenses in Ohio?

It has been nearly 3 years since my divorce was final and my ex-wife has never provided me with a bill for my children and now she’s saying she’s going to get me to pay them from three years ago. Although it is not a requirement of my divorce decree I do provide them with insurance for dental... Read more »

R. Scott Patterson
R. Scott Patterson answered on Jul 18, 2017

Your divorce decree should have outlined a procedure to be followed vis a vis presentation of and payment on the split of medical expenses. Many do not. Three years is not likely to be viewed by a court as too long a period for her to present documentation showing 1)the initial bill, 2) the amount... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: what would be a reason for a court to order a cs wage garnishment if I have always paid my cs

refusing the 45 page parenting agreement .she is threatening me with wage garnishment if I dont, I said file for divorce then I am not signing this crazy parenting agreement unless it is a simple agreement, I have ALWAYS paid her what ever she asked(no court order yet) and I have all the receipts!... Read more »

R. Scott Patterson
R. Scott Patterson answered on Jul 15, 2017

Wage withholding is the rule for court ordered child support, and has been since 1987.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Unmarried mother, child's father on birth certificate. We moved to Ohio from Florida. Are his legal rights established?

There's been no court orders or court rulings what so ever.

R. Scott Patterson
R. Scott Patterson answered on Jul 10, 2017

By "we" do you mean you and the child, or all three of you. Assuming the child was born in FL, did he or the both of you do the things necessary under Florida law to establish a legal father-child relationship. If the answer to that question is yes, then the father can petition a court... Read more »

1 Answer | Asked in Adoption for Ohio on
Q: If I want my significant other to adopt my son, how doesn't that work & how to I get things going?

My sons biological father hasn't been in the picture for 10 months now, & even when he was in the picture it was barely. My current boyfriend & I have been together since I was 5 months pregnant and he supports my son mentally, emotionally, & financially. The biological father has... Read more »

R. Scott Patterson
R. Scott Patterson answered on Jul 3, 2017

This adoption is not going to happen unless you are married to the man you want to adopt your child.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: My ex sister in law is wanting to give me temporary custody of her 17 year old child does it have to go through a court
R. Scott Patterson
R. Scott Patterson answered on Jun 22, 2017

Yes. The father would have to be notified and sign off on the change of legal custody. The actual procedures vary from court to court, but you can expect at the least to have to file a motion and a parenting proceeding affidavit to reopen the case. If both parents are in agreement, the court may... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: If the father is not really involved, has no custody rights, and isn't able to pay vs, do I have to let him see him?

He walked out during the pregnancy and has only seen him a total of 5 times (not by his choice either, only 1 out of 5 was his idea). He's done absolutely nothing for my son, hasn't bought diapers, clothes, food, etc. He was ordered to pay child support but seems to only pay 10% of it... Read more »

R. Scott Patterson
R. Scott Patterson answered on Jun 8, 2017

Not without a court order giving him parenting time.

1 Answer | Asked in Family Law for Ohio on
Q: what county do i file forms to get court ordered visitation of my children - where i live or where they live

i want court ordered visitation of my kids (dna proof) their mom and i were never married so there are no court orders - do i file in my county or the county where the kids live

R. Scott Patterson
R. Scott Patterson answered on Jun 7, 2017

The county of residence of the children.

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I raised a child for 10 years that wasnt mine do I have rights to see ot speak to him?

His mother and I dated for 10 years and I was the only father he knew.. we broke up and she won't let me see or speak to him.

R. Scott Patterson
R. Scott Patterson answered on Jun 7, 2017

Ohio Revised Code Sec. 3109.051(B)(1) may provide an opportunity to obtain visitation. You would need to consult an experienced family law attorney. If there has been NO court involvement with this child, including no child support order, custody order, divorce from the biological father, you... Read more »

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3 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: is it copy right infringement if I change all of the words and numbers from college exams and profit of off it?

The university exams are copyrighted by professors. I am planning on altering all the numbers, words and images before I start selling them online.

R. Scott Patterson
R. Scott Patterson answered on Jun 7, 2017

You are essentially talking about paraphrasing someone else's writings. There is not a blanket or pat answer to your question, operating in a vacuum. I would not engage in any for profit enterprise of the nature you described without first showing a copyright attorney your paraphrased or... Read more »

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1 Answer | Asked in DUI / DWI for Ohio on
Q: Two underage drinking violations in a short period of time consequences with the law.

My friend received a violation for drinking underage. She went through a program and completely a few months ago. Tonight she received another underage. What consequences is she looking at and do we need to get her a lawyer.

R. Scott Patterson
R. Scott Patterson answered on Jun 2, 2017

Yes, she should be represented by an attorney, given that the "program" apparently did not take the first time. You did not say whether she is over eighteen years of age.

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: My son's 21, will his father have to pay the child support that he's behind on?
R. Scott Patterson
R. Scott Patterson answered on May 29, 2017

Yes, but you should not wait to go after that arrearage. His obligation to pay child support ended when the child graduated high school or turned nineteen, whichever came first. Your local child support agency should have been on this. Contact them and find out why they haven't enforced the order.

1 Answer | Asked in Family Law for Ohio on
Q: My wife's ex husband keeps trying to contact her telling her he will get her back what can I do to get rid of him
R. Scott Patterson
R. Scott Patterson answered on May 29, 2017

Depending on the nature of his communications, whether the communications can be proved, and whether these communications have caused your wife emotional distress, she may be able to obtain a stalking civil protection order. Also, if their marriage ended with a dissolution, most separation... Read more »

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Should I just keep my son and make his father take me to court?

2 years ago I left my ex and took my kids, we were never married. My ex insisted on watching my kids while worked. I met someone AND got married. My ex insisted on my kids staying in that school until I found a place to live. We have never been to court, but my kids have stayed nights with my ex so... Read more »

R. Scott Patterson
R. Scott Patterson answered on May 29, 2017

Not to be flip, but you can start by standing up for yourself. He apparently has no court-ordered parenting time, but you have made a great case for him by leaving the kids with him, placing the kids in the school district in which he lives, and allowing him to make "all" the decisions... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: My boyfriend got ovi and child endangerment. Well he didn't go to court so got failure to appear. Will he go to jail?

Clermont has a hold on him. Brown has him now for failure to appear. Will he go to jail in Clermont? If so how long? Will he be able to bond out? If so how much? Thanks

R. Scott Patterson
R. Scott Patterson answered on May 23, 2017

You have provided inadequate information to give anything other than a qualified "yes." He will do jail time if pleads to or is found guilty of the OVI, unless he is a first time offender and can afford an interlock devise. Given that there must have been children in the car, he very... Read more »

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: filed for rights in OH 2 days after kids mom moved to NC without my knowledge, does she have to show up to court here?

i filed for parental rights in OH 2 days after my children's mother moved to NC, but at the time i filed i had no knowledge of her moving out of state. the papers were served to a family member still living in her last known address and we got our court date. does she have to show up to court... Read more »

R. Scott Patterson
R. Scott Patterson answered on May 22, 2017

If paternity had been established through a CSEA or court before your most recent filing for father's rights, have her served in NC as soon as possible. Personal service would be best. The NC courts ordinarily would not be able to assume jurisdiction over parental rights issues until the child... Read more »

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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Ohio. my ex husband is trying​ to get my 11 yr old to move in with him. What age can she decide and can I say no?

I am the custodial parent and she see's him every other weekend.

R. Scott Patterson
R. Scott Patterson answered on May 22, 2017

If you have sole legal custody of the child, your ex when he goes to court to try to modify the custodial arrangement, would have to demonstrate a significant change in your circumstances or those of the child since the last court order addressing custody, presumably when you received sole legal... Read more »

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2 Answers | Asked in Domestic Violence for Ohio on
Q: husband got out of jail. and the judge dropped the no contact order. is he aloud to just come over whenever? even move n

haven't filed for divorce yet. I have a 9 year old that's not his. I don't want this. and his lawyer said there is nothing I can do to stop him.

R. Scott Patterson
R. Scott Patterson answered on May 17, 2017

There are too many facts not contained in your question to provide you with an answer. I will say that generally a spouse cannot be put out of, or may return to, the marital residence. There are numerous qualifiers or exceptions to that general rule, and they are dependent on the specific facts of... Read more »

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2 Answers | Asked in DUI / DWI for Ohio on
Q: Is there a set number of years when an old DUI eventually disappears from your record (so if I got charged with another

it'd count as my first, not second)?

R. Scott Patterson
R. Scott Patterson answered on May 16, 2017

In Ohio, an OVI is pretty much permanently on your record. Since April 6, 2017, the look-back time for sentence enhancement based a prior OVI (not a refusal) was increased from six years to ten years.

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2 Answers | Asked in Family Law for Ohio on
Q: can the guy my son calls dad adopt

my son is 4 years old the guy he calls daddy has been his dad since he was 6 months old. we are no longer together but we still want to proceed with adoption. my sons biological father hasnt been in his life and the judge put abandonment on him during our custody battle 3 1/2 years ago.

R. Scott Patterson
R. Scott Patterson answered on May 15, 2017

If the child would be adopted by a person other than your spouse (step-parent adoption), your parental rights would be terminated along with those of the biological father.

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1 Answer | Asked in Domestic Violence and Divorce for Ohio on
Q: My ex was ordered to pay pay credit card bills he made in my name, he isn't making the payments. What can I do?

I have an affidavit from my ex saying the charges were all his and he is responsible for payment along with a divorce decree that says he has to pay the bills off. He will pay for a month or two them stop. Can I file contempt charges?

R. Scott Patterson
R. Scott Patterson answered on May 14, 2017

Yes, as long as he was ordered in the decree to pay them and hold you harmless. This is general advice and having the divorce decree in front of me would allow me to be more specific.

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