Get free answers to your Child Custody legal questions from lawyers in your area.
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?
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
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
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... View More
My child’s father summoned me to court, stating that I’ve denied him parenting time. That’s not true and I can prove it. I’m afraid to go against him in court because he’s been abusive to me and has threatened to kill me just in April.
answered on Dec 30, 2023
Wild the first hearing is merely for initial findings, It's important to establish your theory of the case. The best way to do that is with an attorney.
I’m the aunt and the mother hasn’t had custody in 4 years, I recently found out she had been receiving food stamps using her son, saying he is in her household. I have custody and he lives with me. We are currently going to court because she wants custody back.
answered on Dec 28, 2023
In a word, yes. You're attorney can conduct discovery upon any relevant matter, within the scope of civil rule 26.
And I was told I need to file more wondering what else I need to do
answered on Dec 15, 2023
Generally speaking, objections will be considered by the judge in that court. Your objections should lay out why you believe the magistrate's decision was incorrect. The judge will then review those objections to see if the magistrate's decision should be reversed or modified. In some... View More
I pay child support to him, how do I change that to my mother since she has my duagther now?. He does not help nor has he reached out since my child moved to my mother's house in Sept.
answered on Dec 11, 2023
This really should be handled by an attorney. This case could turn on many facts not stated in the question. Why did Father have custody? Why is the chlid with maternal grandmother? It is likely your mother will need to file a Motion to intervene as a party and then file a motion to... View More
My child custody case is being dropped bc the people that have my kids lied and filed in Ohio even though we live in Kentucky. When I go to court to prove this can the judge order me to take a drug test when the case is dropped?
answered on Dec 9, 2023
Assuming you are successfull, and a case is dismissed, that Judge may not order a drug test. HOWEVER, a judge with competent jurisdiction CAN order a drug test when a new case is filed somewhere else. It sounds like you really should hire an attorney.
A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More
answered on Nov 29, 2023
If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has... View More
If a child is with the dad from christmas til new years and the mom asks if she can take him on a cruise during that time and he says yes can he later change his mind and keep the child for Christmas and the time he has in the custody papers or since the agreement has been writen down in text does... View More
answered on Nov 28, 2023
Technically, it is the court Order that controls where the child where children should be if the parties cannot agree. That being said, having had a written agreement to a one time alteration does complicate the situation. The facts you describe will not likely give you the ability to successfully... View More
The report was made a month ago. I have an ongoing custody battle with my ex. I was never questioned or investigated. The allegations were unfounded. However, the board of DD still shared the report with the guardian ad litem and it will be mentioned in court and detrimental to my case. I did not... View More
answered on Nov 25, 2023
This question is missing some critical details neccessary to answer it fully. Has discovery been conducted? Was it conducted by an attorney for this person? If the questioner has hired counsel this is a question for that attorney. Also it is crucial to know whether or not this is a dependency... View More
Across state lines with out him oking it.is this illegal
answered on Nov 24, 2023
Obviously, it's an abuse of process to swear out of false affidavit. Unfortunately, It is nearly impossible to get law enforcement to charge someone when it is connected to alleged domestic violence. Also, unfortunately for your brother, unless there are temporary orders in place regarding... View More
answered on Nov 23, 2023
Your rights are going to depend on your marital status with the mother. If you and mother were married, your rights are identical to hers. If you and mother are not married however. You ought to file a motion to establish your custody over the children. You may do this either petitioning the court... View More
He hasn't been served due to false address and no job on file for years. $30K behind
answered on Nov 11, 2023
If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right... View More
I am working on graduating high school early and plan to attend college afterward at the age of 16. The college I want to go to is in California and I live in Ohio with my guardian. How would it work for me to attend college out of state without my guardian being able to move?
answered on Nov 1, 2023
You will want to confer with a California family law attorney as well. Have you identified with whom you would reside while attending college there? You will need to also hire an attorney in the county that granted custody to your present guardian. This is a novel question that will require any... View More
My son's dad and I have a custody agreement where he has physical custody and some things were said. The girlfriend of my son's dad said we're going to get me for defamation of character Because my son said something to me and I didn't tell them that he told me. Now they're... View More
answered on Oct 30, 2023
Your rights and responsibilities should be spelled out in your parenting plan and/or Order setting out your custody agreement. I doubt it contains an ability of one parent to cut off communications from the child to the other parent. More likely, it contains a right of the child to have frequent... View More
I have full rights. They have no rights to her as far as guardianship goes. I do not live with them as we do not get along or see eye to eye so I live in Vandalia. But now I cannot contact my child and I am very scared.
answered on Oct 27, 2023
That is actual kidnapping. Have you made a police report? Are there any arguments on your parents’ side regarding the well-being of the child while in your care? You should speak with a custody attorney right away.
I have an agreed judgement entry that defines my ex’s visitation. We went to court to modify it with a new agreed judgement entry. It was not signed by the magistrate or us because there are issues with it. However I expected it to be edited and gave him his modified weekend with the kids. 2... View More
answered on Oct 25, 2023
The only entry that can be enforced is one signed by the Judge and filed with the court. Anything that has not been filed is invalid. In some instances a signed copy is filed with the court and unsigned copies are time stamped at the same time as "service" copies which are for... View More
I moved to Ohio in September.. Ohio is my home of record. I recently got out of the military. My daughter was born in Virginia. Her father resides in Virginia. If he takes me to court will I have to go back to Virginia? Can I take him to court in Ohio?
answered on Oct 22, 2023
Ohio adopted the Uniform Child Custody Jurisdiction and Enforcement Act many years ago. This means that in order for Ohio to have jurisdiction regarding your daughter, she needs to reside here for at least six months and in one county for at least 90 days. You may file next spring according to... View More
i got child march 22 2023 , was given care may 1 2023 wanted tempory custody to get assistance.
i did not want paid just needed money to care for him , when i told them you need to help me with that they came took him put in fostor...what can i do mother is granddaughter and is blaming me... View More
answered on Oct 22, 2023
Most likely not. These facts do not seem to imply that the Caseworker disclosed something about a child to other than the Court, agency counsel, or the agency. That is the only confidence that is owed within a dependency and neglect case.
I was rescent arrested do to my soon to be ex husband falsely told police I hit him. When he was the one who attacked me. He new the police on the screen. They didn't read me my rights and said it wasn't necessary. Refused my phone call. Then would let me reach out to my lgbtq advocated... View More
answered on Oct 19, 2023
In Ohio, as in the rest of the United States, the Miranda warning is a legal safeguard designed to protect an individual's Fifth Amendment rights against self-incrimination. If a law enforcement officer fails to provide a Miranda warning before a custodial interrogation, the primary legal... View More
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