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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Is it legal for a minor who is NOT emancipated to live states away from their legal guardian?

My 19 year old brother is dating a 17 year old girl. Back in August she moved in with us, we have no guardianship over her and aren't even able to check her grades. She shares a room with my brother and her parents live all the way in Georgia (We're in Ohio). We have no rights over her,... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 19, 2024

I am trying to figure out how she managed to be enrolled in your school district. CPS could send her back to GA. Depending on how soon she turns 18 they may figure it is not worth the bother.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
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answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: In the state of Ohio can your friends parents kick your friend out when 18 and still in high school(current junior)?
Todd B. Kotler
Todd B. Kotler
answered on Feb 26, 2024

Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My ex girlfriend just gave birth to a baby that she says is mine, but there are actually questions around the paternity.

How do I go about getting a DNA test? She is obstructing and being difficult at every opportunity, vowing not to ever let me near the baby out of nothing more than spite. I can't afford to retain a lawyer.

James L. Arrasmith
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answered on Feb 25, 2024

I would suggest taking a few steps to establish paternity:

1. Seek legal counsel. A family law attorney can advise you on your rights and the process for establishing paternity in your state. They can help you file a motion with the court to compel a DNA test if the mother is uncooperative....
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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: My neighbor has a situation. She has her children living with her but her ex husband still has an order for child

Support that she needs to have changed in the court system. She can't afford a lawyer and I don't think our area legal aid handles these cases anymore. Any advice or help for her appreciated.

Todd B. Kotler
Todd B. Kotler
answered on Feb 25, 2024

She and the ex need to file a joint entry (with the judge's signature) modifying the parenting plan to reflect this new situation. Once that is in place she needs to contact CSEA and provide a certified copy of the filed entry to them requesting the modification of the support award.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: How do I go about filing abandonment charges on a father who knows about the child and has never been there?

He is currently on child support and hasn’t paid. I currently have sole legal custody of the child for him wishing death on him.

Nicholas P. Weiss
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answered on Feb 14, 2024

There isn't really a charge for abandonment. If he has not paid child support yet, it is likely that CSEA has not yet started garnishing his wages. I recommend contacting CSEA for a status update on garnishment.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: reaching for some legal help

Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: I'm seaching information on filing for divorce involving domestic violence and husband on trial. I'm 7 months pregnant.

I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2024

That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: I have temp custody of my step children the mother has missed a lot of court ordered supervised visits is that abandoned

I am the stepmother who has temporary custody and the children. The mother has messed a year and a half of visits with one child, and eight months of visits with the other, trying to figure out if that’s considered abandonment.

T. Augustus Claus
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answered on Jan 30, 2024

In Ohio, the situation you describe may potentially be considered as a form of abandonment, particularly given the significant amount of time the biological mother has missed court-ordered supervised visits. Abandonment in child custody cases often refers to a parent's failure to maintain... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: I am raising my grandchild,I have custody, dad's been in prison 95% of his life ,I want to move to Florida,from Ohio

Mother's moving with me, grandmother on father's side has grandparents rights too ,does she lose her rights ,child 8

Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

I would frame the question like this; should a child lose their right to have a meaningful relationship with the grandparents simply because their guardian is moving? You will need to have an attorney review the full order granting you custody. Often, when another grandparent has been formally... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Our parenting time schedule (ages 2-13) states pick up time is 4pm* with the asterisk being defined as 4pm if there is

no school, if there is school then pick up time shall be after school*. The child in question is 4 years old. This school is also a daycare which is what the child attends at the time. Father is stating that means that since he is not in school, it is daycare, that pick up is 4pm everyday. I read... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

I would not interpret "daycare" as "school." Daycares typically provide child care services so that a parent can drop a child off somewhere relatively safe while the parent goes to work. Schools typically provide an educational curriculum in accordance with specific legal... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I have shared parenting can the mother of my child take my child phone from her every time mother is at boyfriend house

In the state of Ohio

James L. Arrasmith
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answered on Jan 18, 2024

In shared parenting situations, the rules regarding a child's possessions, like a phone, often depend on the specific custody agreement and parenting plan. It's important to review your custody agreement to understand if there are any guidelines or rules about personal items and... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: My boyfriend turns 16 in two months and wants to move out once he is 16. (Ohio)

My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 15, 2024

The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If I have a baby with someone not my husband can they try for custody even if my husband signs the birth certificate?

He’s 32 years older and married. We agreed that he doesn’t want anyone to know but I’m worried he’ll change his mind.

Todd B. Kotler
Todd B. Kotler
answered on Jan 13, 2024

Yes that person can. He will have to file a motion to establish paternity as your husband is the presumptive father.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Shared legal custody and separate state parents. Daughter wants to move with father.

I have shared legal custody with my child’s mother. She lives in Ohio and I live in Pennsylvania. She is the custodial parent for school purposes as that is what we agreed upon initially during our original custody case when she was 5. My daughter is now 12 and wishes to move out here to... View More

Nicholas P. Weiss
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answered on Jan 11, 2024

This is a very fact specific question. It is possible, given your daughter's age, that a court would lend more weight to her wishes. However, she's been established in Ohio for seven years. A court is going to be hesitant to upend her like that especially if she is doing well academically in Ohio.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: An amendum was made to a grant of legal custody of my 9 year old daughter is not being honored.

An amendment was made to a grant of legal custody of my 9 yr old daughter. after a case brought on by their son was dismissed, his parents filed 4 custody. they threatened to disconnect me from my daughter for months, among other things. My attorney at the time wrote up an agreement and she said it... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 10, 2024

Based on your description, it sounds like you will have to take the case to trial. Hopefully you've retained counsel who will able to assist you in collecting documents that will help you tell your story and line up the witnesses who created these documents so they may be properly admitted.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Can I get custody of my daughter without asking for a divorce?

Husband is in active addiction, I don't want a divorce because I'm hoping he'll get clean at some point but I will need to get custody of my daughter so he can't have her while in active addiction

Todd B. Kotler
Todd B. Kotler
answered on Jan 8, 2024

In the situation you've described, you will need to file a complaint for legal separation. It is similar to a divorce with the key exception that it will not terminate the marriage. However, once this is filed your husband may file a motion to convert the action into a divorce. Nevertheless,... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do I have to leave? Will the cops remove me if called?

My girlfriend has invited me into the home. Her mother doesn't want me there. She threatens to call the cops and get me removed. The roles were reversed a while ago and my mom wanted my girlfriend to leave the house but the dispatcher told her there was nothing they could do about it because... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 4, 2024

As a practical matter, this will be at the discretion of police arriving at the scene. Generally, no 17 year old as a minor can grant an invitation over the will of the adult who owns the premises. I do not believe the prior police officer's statement was a correct statement of law. One thing... View More

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Q: Is CPS allowed to give my name to the family they're investigating?

I spoke to a school official about my friend's safety at home. They made a report with CPS and CPS did a wellfare check. Somehow my friend's parents found out I instigated the report. Was my counselor or CPS allowed to share my name?

Todd B. Kotler
Todd B. Kotler
answered on Jan 3, 2024

If you ask for your name to be kept anonymous, it ought to have been. It doesn't seem clear from your question, however, how the parents you mention the actually stand out your name. They may have guessed it from the context. When you determine how you're information what's... View More

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Parent with non-custodial visitation suffers a mental illness and is declared incompetent/needs a guardian.

Hello,

I have sole custody of my teen.

The father was diagnosed with a serious mental illness over a decade ago.

This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of... View More

James L. Arrasmith
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answered on Dec 31, 2023

In Ohio, petitioning the court to terminate a parent's rights is a serious matter and typically reserved for extreme situations. Given the father's mental illness and recent declaration of incompetence, you have valid concerns about your child's safety.

You can petition the...
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