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Ohio Child Custody Questions & Answers
3 Answers | Asked in Child Custody, Family Law and Domestic Violence for Ohio on
Q: Can I file for emergency custody in Ohio for my son? No court orders, concerning behavior due to father's actions.

I have an autistic 9-year-old who visits his dad every weekend, and we don't have any court orders. Recently, my son started touching himself, which raised my concerns. He told me he saw his dad doing the same and was instructed not to tell therapists or doctors about it or about seeing a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 14, 2025

If you are going to successfully file for an ER custody order you need to show that Father is presenting an existential risk to your child. Merely stating that the behavior is deteriorating or disturbing may not be enough. You should be able to tell the court why it should Order a change without... View More

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Can I file a parenting plan in Ohio without a lawyer, and are there legal aid services available?

I reside in Ohio with my children and want to file a parenting plan for the first time. Due to financial constraints, I cannot afford to hire a lawyer. The other parent is difficult to communicate with but has indicated willingness to cooperate once I've filed a parenting plan. Can I file the... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Ohio, you can file a parenting plan on your own without a lawyer, although it can be helpful to understand the process and the forms required. The court generally allows parents to file parenting plans independently, especially if both parents are in agreement. You will need to complete the... View More

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights, Domestic Violence and Family Law for Ohio on
Q: How to file a complaint against magistrate in custody case with bias, improper service, and additional personal safety concerns?

I need guidance on filing a complaint against the magistrate in my child custody case. The magistrate and I share the same last name, leading to potential bias concerns. I received improper service; the only notice I got was a witness list five days before court. Without legal representation or... View More

James L. Arrasmith
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answered on Apr 8, 2025

First, you’ll want to file a formal complaint with the judicial conduct board or commission in your state. Focus on the potential conflict of interest due to the shared last name, the improper service of notice, and the way the magistrate allowed your ex full control over visitation. Include... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Can a father petition for temporary custody to remove child from foster care?

I am a father with visitation rights, and my child is currently in foster care due to behavioral issues. The child's mother temporarily lost physical custody due to neglect. We are both concerned about the emotional impact on our child, who has been moved between different foster homes. Can I,... View More

James L. Arrasmith
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answered on Apr 13, 2025

As a father with visitation rights, you may be able to petition the court for temporary custody of your child, especially if you believe that it is in the child’s best interest. Since your child is in foster care due to behavioral issues and the mother has temporarily lost custody due to neglect,... View More

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Ohio on
Q: How can I present my custody situation in court after my separated husband prevented me from picking up our son?

I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 2, 2025

It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More

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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Ohio on
Q: Can I modify visitation due to mother's unstable housing and safety concerns?

I have had legal custody of my nephew since June 2024, with the mother having court-ordered visitation every other weekend. Recently, her living situation has worsened; she was evicted and has moved multiple times—including staying at a budget motel, where there have been numerous police calls.... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2025

This is not an either/or situation. You may do both. Of course if CPS makes a finding about mother's situation that raises additional concerns it would bolster your position.

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2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Ohio on
Q: Seeking advice on custody rights and response after ex-fiancée filed for sole custody and child support.

I am currently in Ohio, and my ex-fiancée and our 3-year-old son are in Oregon. We had no formal custody arrangements before. Recently, my ex-fiancée, influenced by false claims from a social media contact about my relationship status, blocked me on all platforms and filed for sole custody and... View More

Nicholas P. Weiss
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answered on Mar 25, 2025

If your child has been in Oregon for three years then Oregon has jurisdiction. I recommend you reach out to an Oregon family law attorney for a consultation.

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3 Answers | Asked in Criminal Law, Child Custody, Family Law and Legal Malpractice for Ohio on
Q: Conflict of interest with law firm representing family in Ohio custody cases?

I was assisted by a lawyer at a firm in a criminal case, while a different lawyer from the same firm represented my parents in a custody case for my son. This firm also represents my brother and now represents my daughter, who is trying to take custody of my son. This has all occurred since 2013. I... View More

Nicholas P. Weiss
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answered on Mar 19, 2025

Possibly, but if the family law attorney has been partitioned off from anything in your criminal side, it likely would not constitute a conflict. If you are concerned, you can seek removal of the opposing counsel on the basis of conflict of interest.

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3 Answers | Asked in Child Custody and Internet Law for Ohio on
Q: Is a recording of a child admissible in Ohio custody court?

I record all my phone calls, and I have a recording of my child from such a call. My attorney has advised me that in the state of Ohio, a recording of a child is not admissible in custody court under any circumstances. The only previous custody hearing was the initial divorce, at which time there... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 9, 2025

I believe you should listen to your attorney. I would be highly offended if one of my clients were trying to crowdsource a second opinion. Trying to use a recording of a child in court is highly inadvisable. It never sounds the way to a judge the way a client thinks it will. At the most i... View More

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: What does a 'nunc pro tunc' order mean for my visitation rights in Ohio?

I filed for visitation for my daughter two months ago, after being clean from drugs for two years. I lost custody six years ago due to my drug use. Recently, my daughter's father went to prison for r*** charges, and I believe her grandmother now has custody. I received a court date two weeks... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 6, 2025

a Nun Pro Tunc order is simply a correction filed by the Court clarifying an earlier order. Your question does not state what the order itself actually says so it is impossible to answer further. Good luck.

1 Answer | Asked in Child Support, Tax Law and Child Custody for Ohio on
Q: Can non-custodial parent file child on taxes despite custodial arrangement?

As the custodial parent, can the non-custodial parent file the child on his taxes because he pays child support? My child lives with me for more than half of the year. The non-custodial parent only gets the child for two overnights a month, starting from January 2025. This is the first time this... View More

Alena Miles
Alena Miles
answered on Mar 6, 2025

Generally speaking, and this is not legal advice, for tax, non-custodial parent can only claim the child if you (custodial parent) provide a written declaration releasing your claim.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: How to submit an exhibit list in Ohio family law case?

I am representing myself in a family law case in Ohio, involving a motion to change parenting time and visitation schedules. The trial is set for April 18, 2025, and I need to submit an exhibit list 14 days before the trial date. The case concerns modifying visitation due to the father's... View More

Nicholas P. Weiss
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answered on Feb 28, 2025

Don't overthink this. Make a list of all the documents that you want to present. Put the court information at the top of the list along with a caption like "Plaintiff's Exhibit List". File it with the clerk of courts and serve it on all other parties.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Ohio on
Q: Leaving father of my kids do I have to let him see the kids or can I keep him away till court comes into it?

I’m leaving my abusive boyfriend and his family and going to my parents. His family is also abusive as well. And would voice recordings be enough proof of them being abusive to keel them away from my kids. Ps I’m leaving today Jan 31 2025

James L. Arrasmith
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answered on Feb 9, 2025

Leaving an abusive situation is never easy, but your safety and your children’s well-being come first. If there is no existing custody order, you are not legally required to allow him to see the kids right now. However, he may have rights as their father, and the court will ultimately decide... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: What to do if my sons dad is falsely claiming abuse/neglect to CPS in retaliation to recently filing child support?

Never married, no custody arrangement in place. I recently filed for child support and coincidentally he filed an abuse/neglect report with CPS. He releases him to me after he takes him every other weekend. He's repeatedly told me he wants me to move away with him and I'm not sure how to... View More

Nicholas P. Weiss
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answered on Jan 21, 2025

If you were never married and there is no custody order in place then you literally have all the power. Unmarried father's have no custodial rights in Ohio unless a court grants them parenting time. You would be within your rights to simply not give him any parenting time. In short, you... View More

1 Answer | Asked in Child Custody for Ohio on
Q: I am a 14 year old child in ohio looking to choose to live with my father in Colorado. Can I choose to live with him?
Nicholas P. Weiss
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answered on Nov 8, 2024

If your father is seeking residential parenting of you the court can take your wishes into account. At 14, they will give your wishes significant weight. The court does not have to listen to you though.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: There was a custody trial 9/27/2024 and still no decision from the Magistrate. What can I do to get a decision?
Nicholas P. Weiss
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answered on Oct 16, 2024

That's not an unusual amount of time for a custody trial decision. Once it gets closer to a month you can call the court and ask for an update.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How to file for a temporary change of Parental time
Nicholas P. Weiss
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answered on Oct 14, 2024

This would be a motion to modify parenting time. This is a very common motion, and many courts have self-help forms that you can use to file the motion yourself if you go to the court in-person.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have a court ordered parenting agreement, my children’s father is threatening to keep them from me.

I have called the cops and they said they couldn’t do anything but make a report but I’m not sure what I need to do.

Nicholas P. Weiss
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answered on Oct 8, 2024

Police seldom get involved in withholding matters, even though they should. It is likely that you will need to file a motion with the court to hold him in contempt and modify parenting if he actually violates the parenting time order.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Ohio on
Q: What to do when a grandparent that has no court order or rights is stalking my child and making them feel unsafe?

She has already shown up at my house at random times demanding to see my kids. Has made false accusations and called the police on me. I have full custody and need some advice. I tried to get a protection order but was told I didn’t have enough evidence at that time.

Nicholas P. Weiss
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answered on Sep 17, 2024

When she shows up call the police as she is trespassing.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: The father of my son hasn’t seen, called, checked in or financially supported him in over a year. Can my Husband adopt?

We have not heard from his father in a year if not longer. I have given up on texting and calling him due to him not replying. I send pictures here and there with no response. He has never financially helped in the whole 5 years but I never asked for child support. So at this point I think it’s... View More

Nicholas P. Weiss
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answered on Sep 17, 2024

You can file for a step-parent adoption in your county's probate court. Because the biological father has not been involved or paid support to you in over a year (even without a support order) his consent is not required to commence the adoption. You do not need to file for abandonment.

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