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Questions Answered by Denise Rini Esq

1 Answer | Asked in Family Law for Ohio on

Q: foster care legal advice

I'm 17 and I'll be 18 October 10th. I'm in foster care and Wednesday I'll be moved to a group home. What happens if I run away? If I were to would it be better to run before I go to the group home or after? Can anything be held against me when I run away and turn 18?

Denise Rini Esq answered on Jul 22, 2019

I do not know what your situation is currently, though if you stay in Foster Care you will be eligible for Independent Living, college tuition and assistance through the Bridges Program.

i can only imagine it is difficult to remain, though if you have a good worker, you should be able to...
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1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: My ex is living with my daughter and a sex offender who was charged for being with a minor. What can I do to get her out

We have a shared parenting custody agreement in the divorce and I pay child support. He is her main source of child care since he is out of work and on house arrest. Is there any way I can become the resident parent?

Denise Rini Esq answered on Jul 18, 2019

File a Motion to Modify the Shared Parenting Plan and Motion for a Guardian ad Litem to be appointed in the Court where the divorce was granted. If you think it is an Emergency, file an Emergency Motion, though depending on the Jurist will depend how quickly you receive a hearing.

1 Answer | Asked in Family Law and Child Custody for Maine on

Q: I gave someone guardianship of my daughter about 3yrs ago or so how would I get my daughter back?

Denise Rini Esq answered on Jul 18, 2019

Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.

1 Answer | Asked in Social Security for Ohio on

Q: My children father is on ssi child support says i cant receive any help i feel its not fair im struggling

My friend gets ssi and they take 250 out his check for his kids he doesnt know how they did that he has never work before he doesnt get any survivor benifits either so what can i do with my children father take him to court

Denise Rini Esq answered on Jul 18, 2019

Greetings from a steamy afternoon. If a person is receiving SSD, (Social Security Disability), there is derivative benefit for children, though when there is SSI (Supplemental) is means based and the person does not have a work history, there is no derivative for the children.

Call the...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on

Q: In the state ohio if a man pays child support and the child's mother signs her rights over to her mother does she still

Can she still recieve child support for that one kid since she signed that child's right over to her mother in Florida

Denise Rini Esq answered on Jul 16, 2019

Greetings from a steamy afternoon on the North Coast. No, the child support should be directed to the person who has Legal Custody. The Child Support Enforcement Agency can assist with the necessary paperwork.

2 Answers | Asked in Family Law and Child Custody for Ohio on

Q: I need a lawyer to help me with my case with CPS but j dnt have alot of money

I need a pro bono or payment plan

Denise Rini Esq answered on Jul 16, 2019

Any parent that may lose parental rights has the right to appointed counsel. Ask the Court to appoint a public defender or appointed counsel. Most are quite good.

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2 Answers | Asked in Family Law for Ohio on

Q: My son wants to stay with father and go to school in his town until I get my own house. Do I have give temporarycustody

We were just evicted from our house and I have to stay with family until I can get a job and get back on my feet. My son doesn't want to stay there, he wants to stay with his dad and go to school there until I get my own house. How do I go about doing that ? Do I have to give him temporary custody... Read more »

Denise Rini Esq answered on Jul 19, 2019

If the Father owns property in the school district, it should not be an issue to enroll him, otherwise, you may need a Court Order that states that Father is the Residential Parent for School Purposes.

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2 Answers | Asked in Criminal Law for Ohio on

Q: How do you go about unsealing your records, when you have no criminal background?

Denise Rini Esq answered on Jun 18, 2019

If you do not have any criminal charges, there is nothing to unseal.

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1 Answer | Asked in Family Law for Ohio on

Q: Can CBS take 24 hour Custody Of children and can they remove the kids for 2 months with out A judge proval

My ex hit my kid While I was at work I rush home Because my mom called me and told me my son had a bruise on him I rushed him to the hospital and they called CSB. Csb told me that they were taken 24 hour Custody And removing the children from the home they went to my brothers but I was allowed... Read more »

Denise Rini Esq answered on Jun 17, 2019

CSB may not remove your child without an Order from a Court, either telephonic or in-person Court hearing.

1 Answer | Asked in Child Support and Family Law for Ohio on

Q: Me and my girlfriend are not married and we having a child together that is unborn yet. We live together.

She wants to apply for Medicare. Is Medicare free. Or is that taken out my paycheck? Like a child support?

Denise Rini Esq answered on Jun 17, 2019

Unless your girlfriend is 65, she is applying for Medicaid, health insurance for families.

Although you reside together, there is a chance that you will have to pay cash medical through a child support order from CSEA.

2 Answers | Asked in Family Law for Ohio on

Q: My ex husband is taking me to court for a paternity test after 16 years

Does he have a chance?

Denise Rini Esq answered on Jun 18, 2019

the question is a chance at what? Not paying child support? Not being the Father? Since your child is 16, and your husband is the only Father he has ever known, the Court may Order for him to continue to be the legal father if it is in the best interest of your child.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on

Q: Why would he have to pay child support when he has the kids more than she does?

My boyfriend has to go to a hearing with his ex wife to determine child support but we have his son through the week and she has the weekends, On the weekdays she is going out on dates, taking her self out, etc. Will the court look at that to determine child support? Will he have to pay if he has... Read more »

Denise Rini Esq answered on Jun 7, 2019

Greetings from a bright and sunny Friday morning. The Court will take into consideration time spent for child support purposes, though the Father should also file a Motion for Legal Custody and curtail the Mother's parenting time.

1 Answer | Asked in Divorce, Family Law and Child Custody on

Q: i’m 14, and if i wanted to live with my dad, how do i make that possible when my mom says no?

my mom and dad divorced when i was 11, and i never got the option to choose who i want to live with. my moms verbally abusive, and she has literal mental problems but refuses to get help. i want to live with my dad, and i’m going to visit him this summer. is it possible for me to just stay there,... Read more »

Denise Rini Esq answered on Jun 7, 2019

Greetings from a bright and sunny Friday. The short answer is MAYBE. Your Father may file an Emergency Motion for Temporary Custody in the county where you live, though after you are with him. A Guardian ad Litem will be appointed and will recommend to the Court what is in your best interest. You... Read more »

2 Answers | Asked in Child Custody for Ohio on

Q: How can one relative transfer custody of a child to another relative. Neither are the parents. Both agree.

My sister in law has custody of our Niece. Her mother lost custody due to drugs and neglect. I’d like to get custody of my niece so she could have a more stable permanent home. My sister in law and I both agree that would be best for our niece.

Denise Rini Esq answered on Jun 7, 2019

Greetings from the North Coast. If your sister-in-law and you both agree to switch custody, file a Motion to Modify Custody and an Agreed Judgment Entry. It shouldn't be difficult and if the County has the necessary forms, you should be able to download and complete.

Cuyahoga County has...
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1 Answer | Asked in Divorce for Ohio on

Q: In a no fault,nochildren,no property dissalusion, how do I prove I have no income when I get the afidavit notorized?

Denise Rini Esq answered on Jun 6, 2019

Greetings from the North Coast. The affidavit is usually sufficient to show indigence, though any type of document will suffice. Do you receive public assistance, food stamps, medical insurance or SSI?

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: My brother and his wife are legal guardians of my oldest son. As his biological mother what rights do I still have when

It comes to my son? For example am I still allowed to take my son to the Hospital or take him to an appointment with a physician? If anyone could help me l would appreciate it so much. Thank you !

Denise Rini Esq answered on Jun 4, 2019

Greetings from the North Coast. Under the statute you have Residual Parental Rights and Responsibilities. You should not take your child to the hospital or doctor for a routine healthcare issue without cooperation from the Legal Guardians, though you absolutely have a right to be present and have... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Ohio on

Q: Reading my companies drug policy I'm not sure if I'm protected for using medical marijuana or not. Can someone advise?

My main question is with the wording of my company's policy below. Since I am under a physician's care wouldn't it seem I am in compliance with company policy?

The Company has a strong commitment to provide a safe work place and to establish programs

promoting high standards of... Read more »

Denise Rini Esq answered on Jun 4, 2019

Ohio Law, as well as the United States Supreme Court has ruled that a company may discharge or fire an employee for using medical marijuana.

1 Answer | Asked in Domestic Violence for Ohio on

Q: Can my daughter get a warrant for not showing up to court over her dad hitting her

Denise Rini Esq answered on Jun 4, 2019

The Court may issue a warrant. Depending on the severity, will be determinative if the Prosecutor pursues the charges. The Court does not like to separate families, nor create more adversity. My advice is to speak to the prosecutor.

1 Answer | Asked in Child Support for Ohio on

Q: Can I drop my child support or before court I have not went to court yet or have a court hearing all I did was file

I don't wish to keep the child support order before court would like to drop beforehand is there anyway I can do that in Ohio

Denise Rini Esq answered on Jun 3, 2019

The question: do you have a child support Order, either through the CSEA, (administrative order) or through a Court Order? If there is no order, CSEA has no way of processing the payment. You can pay directly, only by check, and write in the memo, child support and the month the Court should give... Read more »

1 Answer | Asked in Child Custody for Ohio on

Q: How can a Child of 11 years old choose to live with his grandparent in the state of Ohio?

Parent continually misleads the child. Places no value on education. Deficient on maintaining healthcare as the child has severe allergies. Does not take the child to scheduled physical and mental appointments as the child suffers from PTSD. Favors younger daughter in all instances. Taunting and... Read more »

Denise Rini Esq answered on May 28, 2019

The child cannot choose, the Parties can agree or pursuant to 3109.051, a Motion for Legal Custody can be filed in the Juvenile Court where you reside. Any person that has a relationship to the child may file and most jurisdictions have forms on line.

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