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Ohio Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Ohio on
Q: How hard is it for a man to get legal rights to a child born in wedlock with another man?

There is a possibility that my child is not biologically my husband's, as of right now the possible father wants nothing to do with the child but my husband does regardless of dna. If he decided down the road he wanted rights all of a sudden how hard would it be for him to get them?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: In Ohio can a judge refuse to postpone a trial if one party gets a new lawyer?

In a custody battle, my friend has gotten a new lawyer. Her previous one had been caught lying to her. The judge or court has refused to postpone the case, denying the new lawyer a chance to get caught up.

Joseph Jaap
Joseph Jaap
answered on Sep 15, 2022

Yes, the judge can do that. The judge might think it is a stalling tactic, or there might have been prior delays. And the Ohio Supreme Court sets deadlines for resolving divorce cases. The new lawyer can appeal, but might have to proceed with the trial on schedule.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can a father with shared parenting of a minor give POA to step parent

With the shared parent order, parents were never married. Can father sign a health and education power of attorney to his wife (stepmom) without needing the mothers permission or signature.

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 15, 2022

A parent can grant permission for a step parent to handle certain duties and responsibilities concerning their own child. However, issues may arise concerning the minor child if the other parent finds out that their child's opposite parent is relinquishing their duties and responsibilities to... Read more »

0 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Ohio on
Q: Can CPS give me a drug test during a preliminary hearing?

CPS has removed my son from our house and we have a preliminary hearing in 2 days one of the allegations that started their investigation was that my husband and I are abusing drugs. We want to be sure that our rights are not being violated during this "investigation" so we want to know... Read more »

0 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Ohio on
Q: Can CPS give me a drug test during a preliminary hearing?

CPS has removed my son from our house and we have a preliminary hearing in 2 days one of the allegations that started their investigation was that my husband and I are abusing drugs. We want to be sure that our rights are not being violated during this "investigation" so we want to know... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: can i get emer. custody of my 4 y/o and her 9 y/o sister who is not mine but I have raised since age 3 as mom is in jail

I have 4 yr old. her mom has 9 yr old which I have raised since age 3 (dad not in picture.) I have the girls at least 5 nights per wk. Mom is in jail. I want to get legal custody of both girls , but I need emergency custody now to make decisions regarding school, etc. since mom in jail

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 7, 2022

The best place to start for custody in Ohio when parents are unmarried is the County Court of Common Pleas Juvenile Court. When parents are unmarried and there are different Fathers two cases must be opened one for each minor child. Many county courts have help with filing packets for child custody... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Do I have to let my child's father have alone visits if I get child support? He is narcissistic and has mental issues ?
Raquel Ann Parish
Raquel Ann Parish
answered on Sep 7, 2022

Pursuant to Ohio Revised Code 3109.042 an unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. This means that the... Read more »

0 Answers | Asked in Child Custody for Ohio on
Q: My child took her cell phone that she uses while at my house to my ex’s. Ex took and forced her to unlock to look throu

My child took her cell phone that she uses while at my house to my ex’s. Ex took and forced her to unlock to look through it. Is that legal

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I had a question about visitation without a court order

My daughter's dad didn't want anything to do with her and didn't want anyone to know he had a child with me until there was a court order to prove that she was his now he wants to see her by himself without anyone there for more than a couple of hrs, he has seen her only a total of... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 2, 2022

In Ohio, when parents are unmarried, the mother is the residential parent and legal custodian of the minor child until there a court order stating otherwise. The mother has the say if she wishes to grant the Father parenting time. The Father will need to file papers in court to allocate parental... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How to change custody order child been staying with non custodial parent for at least a year age 13

Points child wants to stay with non custodial

Custodial not providing correct school in wrong district

Custodial sometimes has no electricity or water

Custodial refuses to give care insurance card to get child care needed

Custodial has right for schooling... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 30, 2022

When parties need updated court orders concerning child custody in Ohio they can file a Motion for Change of Parental Rights and Responsibilities in the same case where there is already a court order. There are some forms available online from the Ohio Supreme Court which can be found at this link:... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: What is my next step after getting a continuation for an ex parte hearing on temp. Custody?

My ex husband filed for an ex parte hearing for temporary custody of our daughters. I received the paperwork 2 days before the hearing. I filed a motion for a continuation the day before the hearing but was told that the magistrate wanted me to verbally ask for the continuation. At the hearing the... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 27, 2022

Yes magistrate's have broad power to make orders to serve the best interests of the minor children of the case. The court will generally allow drug testing of parents if one parent offers to pay the cost or is alleging drug abuse and an emergency. It is highly advised that a parent involved... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Does this need signed in front of a notary or sent to the court before we can complete the school transfer?

Under our court ordered parenting plan, it says that we must have a written agreement before either of us can transfer our sons school or a judge will make the decision if we can’t agree. What all needs to be included in this written letter, and does it need to be signed in front of a notary and... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 15, 2022

Pursuant to Ohio Revised Code 3109.04 (E) (2) (A) Both parents under a shared parenting decree jointly may modify the terms of the plan for shared parenting approved by the court and incorporated by it into the shared parenting decree. Modifications under this division may be made at any time. The... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: i would like to know my rights as a single mother in ohio and what good advice to win custody
Joseph Jaap
Joseph Jaap
answered on Aug 11, 2022

If the parents are not married, then custody issues are resolved in Juvenile Court. Custody determinations depend on all the specific facts, such as parent' work schedules, housing, finances, etc., and the judge must determine what will be in the best interest of the child in deciding between... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I have a Ohio custody arrangement for shared parenting. This order states that I am residential parent and legal custo

I have a custody arrangement for shared parenting. This order states that I am residential parent and legal custodian. The mom took child and moved out of state in Texas.

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 9, 2022

When there is already an Ohio court order in place for the children to live in Ohio and the non residential parent removes the children from the state it can take many difficult steps to have them returned. There is no clear path on getting the children returned to the state as every state is... Read more »

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Ohio on
Q: Grandson has DV convictions against me. He turns 18 in Jan. Do I have to evict him or can I kick him out? I have custody

I own the house. He's physically and emotionally abusive daily. He's been in detention over a dozen times in the past 5 years. He's been in short term psychiatric stays in excess of a dozen times as well. Law enforcement has been to our home multiple times and I do not feel safe.... Read more »

Matthew Williams
Matthew Williams
answered on Aug 7, 2022

If he lives regularly in the home, you have to evict him.

1 Answer | Asked in Child Custody for Ohio on
Q: i am low income living in Pickerington, OH , searching lawyer that can help me for custody my son.

please give me information, lawyer name or organization that provide service for Custody, legal help for low income, I live in fairfield County, Pickerington, OH. Thank You.

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 1, 2022

Southern Ohio Legal Services

3 East Water Street

Chillicothe, Ohio 45601

Serving Fairfield, Fayette, Hocking, Jackson, Pickaway, Pike, and Ross Counties

740.773.0012 or 800.686.3668 (toll free)

740.994.0910

https://www.seols.org/contact/

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My friend needs to file for Paternity my question is the mother moved to a different state what state does he file in

He is in Ohio and she is in West Virginia the baby was born in Ohio

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

If he establishes paternity, he will be paying child support until the child is 18, totaling tens of thousands of dollars. If the child will be staying in a different state, he will have little contact. He should use the Find a Lawyer tab to talk to an OH family law attorney first, but he might... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My ex says he’s going to take me to court for rights to our kids. We were never married in ohio. What can I do

He has never been consistently involved in their lives. He was abusive to me in the relationship and says I was abusive to him when I was protecting myself (scratching to get away)

He just lost a case for a name change for our son to remove the fathers last name and only have the mothers name

Joseph Jaap
Joseph Jaap
answered on Jul 21, 2022

If you are not married, then in Ohio, custody issues would be decided in Juvenile Court. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Ohio on
Q: My nephew was arrested for domestic violence and child endangering. Can someone defend him and get his kids back ?

The kids Mother's has abandoned them several times. She has other children she lost custody of very unstable. Children services has returned them to her currently,

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 8, 2022

If your nephew isn't married to the mother, he must have signed the birth certificate or had an DNA test to establish paternity in order to have standing for a custody issue. Children Services is already involved, and has returned the children to mom. As mother, she is the rightful custodian... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Im married. Can I take my child out of the state without husbands permission?

I’ve recently discovered my husband has a substance abuse issue due to him overdosing in our bathroom. I don’t have any emotional/financial support in this state. We have a 2 yr old together. I’ve begged him to seek help but it’s been a few weeks since the incident and still nothing. Can I... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jul 7, 2022

When parents in Ohio are married both parents are the residential parent and legal custodian of their child and can make decisions for their child such as moving out of state unless there are orders of court otherwise. Moving out of the state is not a guarantee to being able to remain out of state... Read more »

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