Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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
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
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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
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
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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
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
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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
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
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
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
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.
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
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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.
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
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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.
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
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
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
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.
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
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.
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
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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.
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
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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
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
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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
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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.
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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.
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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.
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.
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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.
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.
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answered on Sep 17, 2024
When she shows up call the police as she is trespassing.
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
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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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