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Questions Answered by David Scott Heier Esq
1 Answer | Asked in Family Law for Ohio on
Q: Father passed and there is a will and leaving everthing to 4 of us and only 3 have been allowed any access to house.

Being harassed to try to hand everything to one person and can't afford legal help to protect my rights. What can I do?

David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

A Will is used to distribute property and also to appoint an executor to carry out the terms of the Will. The executor is the one who is in control of distribution of property and the payment of debts. If this is a Will that is being probated, then a complaint to remove the executor can be filed if... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Does permanent legal custody give us the right to change the childs last name to ours? Filing under ORC 2151.42
David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

When permanent legal custody is granted, the biological parents in this situation lose all their parental rights. The legal parents can petition the Probate Court for a name change.

1 Answer | Asked in Family Law for Ohio on
Q: If the parents have shared parenting, and the father is asking for a paterity test, does the child have to go to dads?
David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

If parents have shared parenting, then the parties must follow the shared parenting plan that was filed with the court. Once a man admits paternity and then is granted shared parenting, a paternity test is little bit late and will not be granted by the court.

1 Answer | Asked in Family Law for Ohio on
Q: How can a magistrate remove a child on the basis of what someone believes?
David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

A juvenile court magistrate can remove a child from the home of a parent if there are allegations of child abuse, child neglect or dependency. When a complaint is filed with the court by child protective services, it is based upon allegations and facts that, if believed, would endanger the health... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: In the state of Ohio does the unmarried mother automatically have custody of the children?

My ex and I split up and I moved 3 1/2 hours away and had both children with me but the house we were to move into failed and we were staying at a hotel, so for the best interest of the kids, they went and stayed with their father temporarly until I got another house. now I am in my new house and... Read more »

David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

Upon birth of a child born to a mother who is unmarried, the mother has sole and exclusive custody. If a mother abandons the children for a significant period of time by leaving them with the father who is acknowledged on the birth certificate, the mother could be in a situation where court action... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Do parents with joint custody have the right to keep children away from exspouse significant others (boyfriend/girlfrien

I am dating a man who has been divorced for 7 years. He really hasn't dated anyone significantly until now. His children are 20 and 14. The mother is making demands on not allowing the children around me "for a year..that's what most counselors say" and if I have been, she withholds time with... Read more »

David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

If an x-spouse cannot be reasoned with, then being in a relationship with the other spouse will be challenging. There is no magic legal document that will fix this. An x-spouse has a legal right to be mean, despiteful, vengeful, demanding, and controlling. BUT, an x-spouse cannot legally dictate... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My ex has full custody and our son wants to be with me, what can I do?
David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

When a child reaches an age old enough to exhibit the ability to make sound decisions with sufficient maturity, then that is probably a good time to file a motion to modify custody.

2 Answers | Asked in Divorce for Ohio on
Q: Which takes priority the legal separation agreement or divorce decree
David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

When a Decree of Divorce is signed by the Judge and filed with the clerk, the case is ended. If the divorce ended by agreement of the parties, the divorce decree will indicate that a divorce is granted to both parties. Usually, the grounds are incompatibility. The divorce decree can include... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: Can i go to the clerk of courts to receive the case designation sheet and parenting proceeding affidavit for a divorce.
David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

The clerk of courts in your county receives all the filings for divorce. If the clerk or the Domestic Court has a website, you might be able to download the forms that you need. If not, the Ohio Supreme Court website has standard forms that are accepted by all counties. www.supremecourt.ohio.gov

1 Answer | Asked in Divorce for Ohio on
Q: If I file for a divorce after 26 years can I sign my half of the home over to my spouse and let them have it?
David Scott Heier Esq
David Scott Heier Esq answered on Jan 8, 2014

If real property is titled in the names of both husband and wife, a quit-claim deed can be given to a spouse and the deed filed with the County Recorder.

1 Answer | Asked in Divorce for Ohio on
Q: I need to file for uncontested divorce approx how much will this cost?
David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

Check with the clerk of court's office in the county where you will be filing to learn the amount of the filing fee.

1 Answer | Asked in Divorce for Ohio on
Q: I want a divorce but my wife wants more money than what I already pay her. We have been seperated for 4 years.

I have a child with another woman who is not claiming child support. I am a stay at home dad and do not work. I am receiving retirement pay now. Will child support come out of my pension first before the wife's % of my pension and will I have to pay alimony even though I don't have a job.

David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

You don't need to wait to file for divorce. Since you have been living separate and apart for more than one year, you have grounds for filing the divorce. The division of pensions and retirement accounts depends upon how much of the pension accummulation occurred while married. Defined benefit... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can I find out if a divorce has been filed
David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

Yes. Go to the county clerk's office in the county where you think it was filed and they can look it up. Some counties have the information online and you can look it up yourself.

1 Answer | Asked in Divorce for Ohio on
Q: In order to file for divorce after 20 years of marriage, and in Lake County., OH do I need a seperation first? Thank yo
David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

No, you do not need to separate before filing for divorce.

1 Answer | Asked in Divorce for Ohio on
Q: I have two children who are not my husband, Can I get a dissolution?

I'm looking into dissolution but wanted to know if I could get a dissolution if I proved my husband was not the father to either child? We have already agreed to terms on everything else.

David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

No. Paternity must be established for the biological father first. A dissolution is not the procedure to do that and would not be accepted by the court. Go to the Child Support Enforcement Agency in your county and apply for child support from the biological father. Genetic testing can be ordered.... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: In 2009, I was granted a divorce. The Court s Judgment Entry included a separation agreement. It ordered each party to

Execute and deliver all titles, documents, papers and other materials necessary to effectuate the terms of the separation agreement. My wife & I were joint owners of a mobile home. The mobile home was in my ex-wifes name and she never signed over the title. I paid the mortgage and now my wife filed... Read more »

David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

It's possible that you both are in contempt. You for being behind in payments and her for not signing over the title. One is not necessarily a defense to the other. File your own contempt against her if you think she is in violation of the order too.

1 Answer | Asked in Divorce for Ohio on
Q: Separated from my husband since september 2012. I need to file for divorce, but I cant afford a lawyer. Unable to affor
David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

Do it yourself. Go online. Look at the website for the court in your county. Many have the necessary forms online. You can also request that the filing fee be waived if you qualify. No one but a lawyer can give you legal advice so you will have to do all the work yourself. Try the Public Defenders... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I'm 50 yrs old, chronically ill & unable to work. What am I entitled to in the divorce begun by my husband of 10 yrs?
David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

It depends. This sort of case would benefit enormously with the professional knowledge and experience of a lawyer. There are too many open ended possibilities and fact senarios to give any reasonable degree of useful information. Generally, a disabled or chronically ill spouse could expect some... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Q: What constitutes cohabitating? I get alimony. My boyfriend stays with me a lot. Does ex have to prove to stop paying?

What is the process for this for the courts? My Ex's fiancé is questioning my kids a lot.

David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

Cohabitating means living together. Staying overnight, mailing address, auto registration address, auto license address, income tax address are all evidence of cohabitation. Some spousal support payers go as far as hiring a private detective to determine if there is anyone cohabitating with the... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: How do i go about filing for a divorce?
David Scott Heier Esq
David Scott Heier Esq answered on May 6, 2013

You must file a complaint, affidavit of income and expenses, and affidavit of property if you don't have children. In Franklin County, all filings are submitted online as pdf files. You must go to the courthouse and the clerk of courts will assist you with scanning your documents and... Read more »

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