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Ohio Family Law Questions & Answers
1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 24, 2022

You are not trespassing if a co-owner invited you in. Do not expect the police to get involved.

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 Business Law for Ohio on
Q: Can a wife take over financial ownership because her husband is incompetent & his sister currently has power of attorney

His sister has had power of attorney for about 25 years and his wife of 12 years (together 16) is trying to get financial ownership of her and her husband, over his sister.

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Spouse can file for guardianship in probate court, which would terminate the sister's POA. Spouse should use the Find a Lawyer tab to retain a local probate attorney who handles guardianships.

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 »

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Ive been charged with contributing to the delinquency of a minor...he turned 18 a week after our last court date

He moved out to care for his pregnant girlfriend and now they have a baby. Can I still be in trouble?

Matthew Williams
Matthew Williams
answered on Sep 13, 2022

Yes, the law is concerned with the state of affairs on the day the offense allegedly took place, not what has changed since.

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, Elder Law and Landlord - Tenant for Ohio on
Q: Removing abusive adult son from home legally?

BIL is systematically attempting to remove MIL from her home and keep it. Claims that there is verbal agreement and refusing to leave, threatening suites. How to get him out.

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 10, 2022

She should hire an attorney, go to court and file for an eviction. However, she must follow the legal procedures regarding notice, etc.

0 Answers | Asked in Family Law and Gov & Administrative Law for Ohio on
Q: Can a half brother and sister legally marry in the state of Ohio? Can they legally have children in Ohio ?

Same father. Different mother.

Both consenting adults.

Half Brother Half Sister

Can they legally marry in Ohio ?

Can they legally have children ?

Please provide answers and not moral opinion thank you.

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 »

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 »

0 Answers | Asked in Civil Litigation, Criminal Law and Family Law for Ohio on
Q: Why they kidnap him, a drug screen alone is not enough , no imminent danger, yet they ganged up on her and no documents!

2 visits case worker so no reason to return, she complimented relationship with son and informed was closing case , week later Supervisor denied, so failed drug screen on surprise visit even when my girl denied entry, drug tester-coerced her into letting her in and screening both urine &... Read more »

0 Answers | Asked in Family Law and Child Custody for Ohio on
Q: my daughter just turned 1, is a call form ex during my parenting required or will i be held in contempt - im in ohio

i have parenting time i get my daughter only wednesdays and every other sat for overnights- so not much time at all- my ex has with held her on 5 different occasions including easter and first birthday and has 5 dif contempt charges filed- we went to mediation and i was told that she may call my... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: I need help I'm homeless and low income. Illegal lock out and She lied on equity at the divorce. I had no lawyer

Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 22, 2022

Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be... Read more »

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