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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law and Adoption for Ohio on
Q: my ex filed for visitation but my now wife adopted her. what should I do?

she was served.

Nicholas P. Weiss
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answered on Feb 9, 2025

File a motion to dismiss her petition attaching a copy of the adoption order.

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: I'm 40 years old. What is my legal right as an adult to get my parents to leave me alone and let me have my house?

We all live together with my husband as well. Since I got married, they seem to have declined in health. Dad had a TIA and is better now. But mom isn't taking care of herself. We constantly argue about the fact that they have not let me out if their sight since birth. I just need my own space... View More

Nicholas P. Weiss
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answered on Feb 9, 2025

If you are all titled owners of the house, and you don't want to live with them, then you either need to 1) buy out their interest in the property and have them move; 2) have them buy your interest in the property and then you move; 3) sell the property and everyone moves; or 4) if no one can... View More

0 Answers | Asked in Family Law and Public Benefits for Ohio on
Q: Can my mom get into legal trouble for not letting me receive SNAP benefits if I'm on her case

I was kicked out of my mom's house and was living with my aunt from Sept 2024 to January 2025 my mom didn't want to help me with food in the five months that I was kicked out she gave me benefits twice also I'm a 17-year-old turning 18 in June 2025

0 Answers | Asked in Family Law and Appeals / Appellate Law for Ohio on
Q: if the court lacks juris. to rule on a motion pending appeal, can they put it in abeyance or do they have to dismiss

So, I have a case before the juvenile court. We objected to the adjudication and it is currently pending appeal. My appeal attorney briefed on an argument of dispositional appeal, but attorney knows best so I just rolled with it. The complaint was filed Feb. 7th of 2024 making the date for... View More

0 Answers | Asked in Family Law and Gov & Administrative Law for Ohio on
Q: Im trying to get my federal ID.

On the fed Id website it says that you have to have a verifiable track of name change if name on license isn't the same as your BC. In 1970 I wasn't married to my daughters father but I signed her birth certificate (which shows my birth name) using her fathers name. I kept that name... View More

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

0 Answers | Asked in Family Law for Ohio on
Q: Me and my fiancé would like to get married. He's incarcerated. How can I get the marriage license?

He is at Madison Correctional. Can he give me power of attorney specifically for this? Do I have to get an attorney?

0 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I requested child support from my children’s father and he then files for Joint Custody

even though he gets the kids every other weekend & also gets the kids on school breaks most of the time & also gets them on certain holidays. Does he have a case? it also seems that he’s upset because I will not allow him to use the kids social to file taxes because I’m the sole... View More

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: By law in ohio if someone dies and has a protection order against the spouse. Who is legal next of kin. The abuser?

J

Nicholas P. Weiss
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answered on Jan 21, 2025

Absent any other estate planning, a spouse will usually be entitled to manage the estate of their deceased spouse. Another person could apply to take over the estate if they believe there is malfeasance.

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

0 Answers | Asked in Family Law for Ohio on
Q: I originally had a shared parenting with my daughters dad. We were never married. He does not pay child support.

He bega to slowly stop having her for his alloted time. When she was 16 he decided by himself to only see her on weekends (it was week on week off). No child support since she 12/13. He stopped helping with school supplies and clothes as well. Now this year she is 17 and when she told him she no... View More

1 Answer | Asked in Family Law for Ohio on
Q: What are the steps i need to take if im not getting visitation with my children as ordered by the court?
Nicholas P. Weiss
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answered on Jan 17, 2025

If you are having visitation refused then you can file a motion to show cause to let the court know that the parenting plan is not being followed. The court will set a hearing to determine whether the other parent should be held in contempt.

1 Answer | Asked in Family Law and Federal Crimes for Ohio on
Q: If I never filed an a Notice of Intent to relocate, and I've been gone 10yrs, can I go to jail, or can I file now?

I lived in Ohio when we were married then divorced. Divorced very young 21. We moved out of state with my ex husband's family. After a year they moved back to Ohio but told me I and my child would basically be homeless because we were going to live with them. But they also were living with... View More

Nicholas P. Weiss
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answered on Jan 15, 2025

You should still file the notice of intent just to be safe. However, it is very likely that your ex has sat on their rights so long that they won't be able to enforce you or your child moving back to Ohio.

1 Answer | Asked in Family Law for Ohio on
Q: Can my ex husband claim a child he doesn't take care of even if the divorce decree says he can?

I was divorced in 2012 at the age of 21. I never understood or fully read the divorce decree. I am now 34 and my ex husband is now remarried and saying he's filing our son now and from here on out. I have a paper trail showing that he's paid child support on and off over the years. He... View More

Nicholas P. Weiss
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answered on Jan 14, 2025

What does the decree say about who can claim son on taxes? That will determine the issue. If you want to modify the decree because he doesn't pay support, you can file a motion to modify.

1 Answer | Asked in Family Law for Ohio on
Q: Filing for Dissolution, have 2 kids, from another marriage, no adoption done, do i file with or without kids?

My wife and I are dissolving our marriage! We both have 2 kids, from different marriages! Neither one of us, have adopted the other kids, and have different parenting plans and separation agreements with our exes! We just dont know what paperwork to fill out either with or without kids, since we... View More

Nicholas P. Weiss
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answered on Jan 9, 2025

Without. The court only cares about children of the marriage in a divorce or dissolution unless it affects child support calculations.

1 Answer | Asked in Family Law, Tax Law, Collections and Gaming for Ohio on
Q: Is it legal to emulate a PC version of a PC game if I own the ps2 version of said game, without console?

Is it legal to emulate a PC version of a game if:

I own: PS2 version

I DO NOT OWN: PC version, ps2 console.

(The game is the same on both ps2 and PC port. no differences, additional content, etc)

Game in question: Sonic heroes (No longer able to legally purchase from... View More

James L. Arrasmith
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answered on Jan 10, 2025

Generally, emulating a game you own on a different platform than the one you purchased it for falls into a legal gray area. Even if you own the PS2 version of Sonic Heroes, this doesn't automatically grant you the right to play the PC version through emulation.

The key issue here is...
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1 Answer | Asked in Family Law and Probate for Ohio on
Q: Mom’s estranged husband passed. Need info about will and off he married someone else

Mom and her husband have been estranged for over 20 years. She just found out he passed a few months ago. Obit mentioned another spouse? Just looking for a direction to go in.

Nicholas P. Weiss
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answered on Dec 20, 2024

If she did not divorce him then the subsequent marriage is void. Even if there is a new will, she can elect to take against the will and may be entitled to a portion of her spouse's estate.

1 Answer | Asked in Family Law for Ohio on
Q: My son has DNA test through child support for his 3 children. Should there be a visitation schedule for him ?
Nicholas P. Weiss
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answered on Nov 8, 2024

If he wants one, he has to ask the court for it. Child support cannot implement a visitation schedule. The court also cannot order visitation until paternity is established, so the dna test will be a prerequisite for that.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Ohio on
Q: The United States Court of Appeals recently remanded my case back to the Southern District Court of Ohio

The court vacated the dismissal of my 4th and 14th amendment claims against a social worker from children's Services. They also vacated the dismissal of my conspiracy claims against the social worker and a police officer who assisted the her in the warrantless entry to my home. Another... View More

James L. Arrasmith
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answered on Oct 27, 2024

I understand that you're seeking legal assistance in Cincinnati, Ohio, to help with your case involving civil rights and housing issues. Given the complexities of your situation, finding an attorney who can work on a contingency basis or offer pro bono services would be beneficial.

You...
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