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Questions Answered by Denise Rini Esq
1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Can I legally leave my 5 and 8yr old home alone for a short period? (OH)

For 1 1/2 hrs or less? Are there specific guidelines or codes for what is exeptable? They know safety rules and have a phone.

Denise Rini Esq
Denise Rini Esq
answered on May 25, 2019

There is no official age that children can be left alone, though it is my experience, depending on the jurisdiction, where the police will have the authority to determine if it rises to the level of child endangering. You may wish to err on the side of caution and not leave an 8-year old with a... Read more »

2 Answers | Asked in Family Law for Ohio on
Q: Can I file for divorce in Ohio then move out of state once baby is born?

I am currently 32 weeks pregnant and want to divorce my husband. Neither of us have family or friend support where we live and I would like to move 5 hours away where I have family and friends out of state in Michigan. I am a high risk pregnancy and know I must remain near my doctors until baby is... Read more »

Denise Rini Esq
Denise Rini Esq
answered on May 24, 2019

Greetings from the North Coast. You can move to Michigan, and after the statutory time period, file in Michigan. Ohio is 90-days and/or 6-months...check Michigan.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: My husband has sole custody and i have supervised visits which hes refusing for a year now...what can i do?

Were still married. The kids have been living w him for over a year between his moms and his gf...he wont let me talk to or see them. Visits are supposed to be agreed by Both of us and it hasnt happened in over a year. I pay child support. Please help. I miss my kids. And his new girlfriend... Read more »

Denise Rini Esq
Denise Rini Esq
answered on May 21, 2019

If you are still married and there is a Court Order for supervised parenting, file a Motion to Show Cause in the Court. A Motion will notify the Court that you have been denied any contact with your child and the Father will have to appear and explain why. Most Courts have the forms on line,... Read more »

1 Answer | Asked in Child Support for Ohio on
Q: Can I sign over parental rights if mother has lost custody and not be responsible for support?

Bio mom's sister has custody. I have never had a relationship with child.

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

Only a parent has control over parental rights, though any person may file for Legal Custody, but the Parents must be notified.

1 Answer | Asked in Traffic Tickets for Ohio on
Q: Will I get my license taken?

I got a reckless op ticket for going 63 in a 25, will I get my license suspended? I just turned 16 a month and a half ago

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

Depending on the County, most likely it will be mandatory for a suspension.

1 Answer | Asked in Child Support for Ohio on
Q: I have a shared parenting plan. The dad is not taking the kids his time. Can I ask for an adjustment on child support?

In the agreement, he is to have the kids every other week. Child support has been reduced from $1000 a month to $500 because of this. He has made no effort to take them for his week for the past year. Every weekend he goes away, I have tracked it on a calendar. The children are 14 and 16 and do... Read more »

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

Greetings from the North Coast. The short answer is YES. The Court may deviate the Child Support Guidelines based on time spent. You will have to file a Motion to Modify Child Support and the amount must be more than 10% of the current child support.

Hope this helps. denise

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Juvenile Law for Ohio on
Q: How easy is it for my girlfriends parents to get a protection order against me from seeing my GF (we are both 17)?

My girlfriend and I are both 17 in the State of Ohio. Her parents do not like me for various reasons, and the only way my girlfriend and I can communicate is at public school, and various ways we find to text each other. Her parents threaten that if we don't stop seeing/talking to each other,... Read more »

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

The threshold for a Protection Order is "imminent harm", and the Parents can file an Ex-Parte Order documenting the behavior. Regardless if the Ex-Parte is granted, a full hearing will be scheduled. The best recourse is to reflect as to why the parents disapprove of you....and perhaps adjust.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Legal Malpractice for Ohio on
Q: How can my wife remove my name from our joint mortgage loan without me knowing until I found out on my own? 2162338367

I damaged my skull after falling down stairs in 2011. No drugs or alcohol tested for at the hospital. We agreed on a separation for me in an apartment because we did not want to let the kids see any seizures I might have. No separation of marriage or divorce but she said that we are separated by... Read more »

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

The only recourse is to contact Wells Fargo for the bank policies.

2 Answers | Asked in Divorce for Ohio on
Q: I am trying to get a dissolution. How can I find the right papers to be filled?

The court notified me of a website to get them and I paid the fees to file etc, after my husband and I filled out all the papers agreeing on everything, the court said some of the papers were incorrect. So I reprinted them all, turned them in again and received a letter saying the case was... Read more »

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

Greetings from the North Coast. Was the Court specific as to what was missing? The Court should refund the filing fee to you. If you are filing a Dissolution, you need a Separation Agreement, if there are children, a Parenting Plan, a UCCJEA, Title IV-D (child support) and finally a Judgment Entry.... Read more »

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2 Answers | Asked in Divorce for Ohio on
Q: I have a couple of questions about getting a divorce. Bo I have not filed yet. I do not want anything from him.

We will not have anything to disagree about. He's lived with his girlfriend since October. I'm trying to see what options I have and the quickest and cheapest way to go. We've been married since 3/17/2002

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

Greetings from the North Coast. Cuyahoga County Domestic Relations Court has the necessary forms on the website. http://domestic.cuyahogacounty.us. You should be able to modify the forms for any county that you reside.

If you wish to hire an attorney, I assume a Dissolution is best if your...
Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: What are my rights as the natural mother if I signed custody over to my parents?
Denise Rini Esq
Denise Rini Esq
answered on May 7, 2019

If you parents have Legal Custody, you maintain Parental Residual Rights and Responsibilities. If your parents are refusing access to the child, the Court will order parenting time. All you need to file is a Motion to Modify Parenting Time and/or Custody.

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: How can i file for full custody for my child if her father and i were never married but she has both our last names?

I'd like to file for full custody and do a name change for my child. He lives in Puerto Rico. Her father and i were never married but she has both of our last names. She has always lived with me in Ohio.

Denise Rini Esq
Denise Rini Esq
answered on May 7, 2019

Although you are the Legal Custodian pursuant to ORC 3109.042, if the Father has signed the birth certificate, then paternity has been established. If you wish to change the child's name, file in Probate Court and present evidence (reasons) why changing the name is in the child's best... Read more »

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3 Answers | Asked in Education Law for Ohio on
Q: how is it legal for a school district to discriminate students who live within 2 miles of the school and NOT be require.

Ohio revised code 3327.01. we all pay same tax

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

Greetings from the North Coast. If you call the school board, you may be able to be included in the bus route. I had to call several times before the school board acquiesced.

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2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Would adopting my husband's child eliminate standing for toxic paternal grandparents rights?

My husband's parents are very toxic and mean to our children. When I look up information on grandparents rights in Ohio it says that if the parents are married/home is intact, that grandparents have no legal rights. Is this true? Does this also hold true in step-parent adoptions? Or could... Read more »

Denise Rini Esq
Denise Rini Esq
answered on May 8, 2019

There are several caveats. (1) Intact families, Grandparents have no rights and the Courts presume the parents have the best interest of the children; (2) Separated Parents or deceased Parent: Grandparents must show by clear and convincing evidence that it is in the children's best interest to... Read more »

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