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Ohio Family Law Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Ohio on
Q: What constitutes as being totally incapable of providing support and care for children?

A magistrate in Ohio determined someone I know to be totally incapable of providing support and care of a child but nothing in the findings of facts references any law pertaining to this.

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Is there any other way to be legally divorced other than a dissolution or divorce?

I have been separated for 18 months. My spouse and I have absolutely nothing together. She refuses a dissolution even though she is asking for nothing and neither am I. She says I'm going to have to spend the money on an attorney out of spite just to get her to appear. What other options do I... View More

Joseph Jaap
Joseph Jaap
answered on May 14, 2024

Check if your local domestic relations court has a legal clinic with volunteer lawyers who help with the divorce paperwork. Or check local law schools for any legal clinics they have. The forms for divorce are typically available on your local court's web site, although it is recommended... View More

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0 Answers | Asked in Family Law for Ohio on
Q: Can I adopt without parental consent?

We have legal custody of our great niece for over a 1-1/2 years now. Dad is serving life sentence in prison. No contact/support! Mom has a visit on average once a month, but has not supported her daughter. She has on occasion brought a happy meal (maybe twice). Once brought pajamas/goodwill... View More

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can hcjfs (cps) tell my wife and kids to not have any contact with me the father, or is that parental alienation?

My wife over the past 10 years has filed 4 dv cpo's. She does it to kick me out of the house, and has recently admitted in court to purjuring them...on the record under oath. Hcjfs(cps) has convinced her there is to be no contact with kids and i or her and i. Is this parental alienation and... View More

Nicholas P. Weiss
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answered on May 6, 2024

You need to get, if you haven't already, an enforceable custody/parenting time order. If you have one of those, then you can enforce it unless it is superseded by another order regardless of what CPS says. If you DON'T have an order, then she can do whatever she wants.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I need help trying to get visitation for my 2 daughters, I don’t have a lot of money, and I’m trying to get help
Nicholas P. Weiss
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answered on May 2, 2024

Visitation and parenting time is a pretty low bar to clear. Unless you have serious background issues (drug addiction, violent crime, child endangerment) you have a good chance of getting temporary parenting time and a parenting plan in place even without counsel. Portage juvenile court has some... View More

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Juvenile Law for Ohio on
Q: How to formally inform child welfare court that both parents moved states?

Married parents are pro se defendants regarding a child welfare case that moved states because the barrier to obtain secure and maintain stable housing. This was due to the tort harassment events by government agencies, community servicing organizations, and the courts that assign hopeful people to... View More

John Michael Frick
John Michael Frick
answered on May 1, 2024

You should file a Notice of Change of Address with the court giving the court your new physical address, mailing address (if different), telephone number, and email address.

1 Answer | Asked in Family Law for Ohio on
Q: How can I modify an ex parte civil protection order against me ahead of hearing to allow phone calls to my daughters?

I didn't receive service before the hearing which is within 10 days of the filing/granting of the order. The reasonable amount of time the hearing was rescheduled for was two months out during which time I'm not allowed to even communicate with my daughters. I don't necessarily want... View More

Nicholas P. Weiss
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answered on May 1, 2024

Unlikely. The soonest the court could even hear that motion would likely be your existing hearing date.

0 Answers | Asked in Domestic Violence and Family Law for Ohio on
Q: In Ohio I was charged with domestic violence, lowered to disorderly conduct can I put disorderly conduct for a job?

I was charged with domestic violence last year, it was lowered to disorderly conduct can I put disorderly conduct for a job when on the background check it says list charge or offense, since it was lowered?

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I am a single unwed mother. Can I ensure no visitation due to lack of contact even though I receive child support?
Nicholas P. Weiss
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answered on Apr 23, 2024

If there is no custody order, and unmarried father in Ohio has no parental rights. That said, it is extremely unlikely that you would be able to prevent the father from getting parenting time if he sought a court order.

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: I am the beneficiary of a trust fund. The trustee claims I was only gifted net interest on the principal.

There is HEMS clause where he has authority to use the principal furthermore he stated that ultimately the principal goes to charity when it’s plainly written it goes to my daughter.

Aaron Epling
Aaron Epling
answered on Apr 22, 2024

You may want to engage an attorney to explain your rights under the trust instrument. The exact language used by the drafter is critical here.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Where can I get a probono lawyer? also if my case just ended am I able to now file a new case in a different county ?
Nicholas P. Weiss
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answered on Apr 8, 2024

There is not enough information here to answer your questions. Assuming that this is a custody issue in fairfield, ohio, jurisdiction follows where the children reside, so you would have to file any custody action there. In addition, courts will not allow you to relitigate custody actions unless... View More

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: I missed court. For child support. They have issued a warrant. I can file a motion to recall warrant.

I wasn't able to make it to court. Do to roads being closed due flooding. Due to Strom the nite before

Todd B. Kotler
Todd B. Kotler
answered on Apr 9, 2024

No you cannot. Contact your attorney and make arrangements to turn yourself in at a convenient time. Make sure you have any urgent needs taken care of as you may be held for a day.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!

Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.... View More

2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 7, 2024

Your messages to and from your son are both discoverable and likely admissible. At the very least, a guardian ad litem would be able to consider them as part of preparing recommendations to the court.

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More

Nicholas P. Weiss
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answered on Apr 3, 2024

It sounds like your husband has hired an attorney on a limited representation basis. That is, the attorney is just drafting documents, but your husband is handling the rest. If that's the case then this does sound above-board.

You do not need to wait any time at all if you want to...
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1 Answer | Asked in Family Law and Adoption for Ohio on
Q: So I'm about to start the process of adopting my step kids, questions about home study.

I'm going to be adopting my step kids and their biological father agrees to give consent as he's not in their life and doesn't want to pay the child support and all so it's win-win for us all. It seems we still have to have a home study conducted in Ohio despite them living with... View More

Nicholas P. Weiss
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answered on Apr 2, 2024

It can be used against you the same way that consuming alcohol can be used against you. If you use to excess or it effects your ability to parent, that will be a strike against you. If it does neither of those things, it is a very low likelihood that it will derail the adoption.

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