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Ohio Family Law Questions & Answers
1 Answer | Asked in Divorce, Consumer Law and Family Law for Ohio on
Q: Can I remove my husband from my car insurance before filing for divorce in Ohio?

I am currently separated from my husband, and although we haven't started the divorce process yet, I plan to file once I can hire an attorney. I am the primary member and payee on my car insurance policy and wish to remove my husband. We both live in Ohio. My insurance company mentioned they... View More

James L. Arrasmith
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answered on Apr 12, 2025

Ohio Pre-Divorce Insurance Modification Analysis

You maintain the legal right to modify your own insurance policies during separation prior to divorce filing in Ohio, particularly since you're the primary policyholder and your husband maintains separate vehicles registered at his...
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0 Answers | Asked in Civil Rights, Domestic Violence and Family Law for Ohio on
Q: What can I do if my ex hired a PI to follow me on my private property in Ohio?

I found out that my ex has hired a private investigator to follow me after I moved out, and he has shared clips with me that were taken on my private property. There is a standard restraining order in place for behavior/financial restraint, but nothing specific for safety/proximity. His text... View More

0 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Can I file a parenting plan in Ohio without a lawyer, and are there legal aid services available?

I reside in Ohio with my children and want to file a parenting plan for the first time. Due to financial constraints, I cannot afford to hire a lawyer. The other parent is difficult to communicate with but has indicated willingness to cooperate once I've filed a parenting plan. Can I file the... View More

2 Answers | Asked in Divorce, Civil Litigation and Family Law for Ohio on
Q: Ex violating divorce decree by withholding bonus payment.

My daughter's ex in Ohio, Jefferson County, is violating the terms of their divorce decree by not paying her $3,000 from his work bonus, which he received on March 31, 2025, as stipulated in the decree. He claims there is no specific time frame for payment and promised to pay by the end of... View More

Nicholas P. Weiss
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answered on Apr 9, 2025

Thirty days from receipt of payment is pretty standard. Is he in violation of the decree? Probably. Should you take legal action until after April? Probably not. Once that timeline has passed if he still hasn't paid then your daughter should consider filing a motion to show cause.

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1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights, Domestic Violence and Family Law for Ohio on
Q: How to file a complaint against magistrate in custody case with bias, improper service, and additional personal safety concerns?

I need guidance on filing a complaint against the magistrate in my child custody case. The magistrate and I share the same last name, leading to potential bias concerns. I received improper service; the only notice I got was a witness list five days before court. Without legal representation or... View More

James L. Arrasmith
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answered on Apr 8, 2025

First, you’ll want to file a formal complaint with the judicial conduct board or commission in your state. Focus on the potential conflict of interest due to the shared last name, the improper service of notice, and the way the magistrate allowed your ex full control over visitation. Include... View More

0 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Can a father petition for temporary custody to remove child from foster care?

I am a father with visitation rights, and my child is currently in foster care due to behavioral issues. The child's mother temporarily lost physical custody due to neglect. We are both concerned about the emotional impact on our child, who has been moved between different foster homes. Can I,... View More

0 Answers | Asked in Divorce and Family Law for Ohio on
Q: Son in prison needs a divorce lawyer to start proceedings.

My son is currently in prison and needs assistance starting the divorce process. What steps should we take to find and work with a divorce lawyer who can help initiate and handle the divorce proceedings on his behalf?

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Ohio on
Q: How can I present my custody situation in court after my separated husband prevented me from picking up our son?

I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 2, 2025

It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More

0 Answers | Asked in Family Law, Employment Law and Public Benefits for Ohio on
Q: What can I do if my parents want to kick me out and I will become homeless?

I'm 18 years old in Ohio, and my parents, who are my legal guardians, want to kick me out, which will leave me homeless. I am currently attending school, but I will lose my job since my stepdad, who manages it, is likely to fire me. I haven't explored local resources or shelters, and I... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Ohio on
Q: Do I need to sign more paperwork if my ex sells our house after signing a quit claim deed?

I signed a quit claim deed to my ex for our house, and my name is still on the mortgage loan. I have not communicated with the mortgage lender, and there are no legal agreements or court orders related to the house. I signed the quit claim deed voluntarily without any conditions. Do I need to sign... View More

James L. Arrasmith
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answered on Apr 12, 2025

Since you signed a quit claim deed, you have transferred your ownership interest in the property to your ex. However, signing the deed does not remove your name from the mortgage loan. Your name is still tied to the mortgage, and this is a separate issue from the ownership of the property.... View More

3 Answers | Asked in Divorce, Family Law and Tax Law for Ohio on
Q: How can I ask for more alimony in Ohio after my divorce without incurring high legal fees?

I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Mar 27, 2025

If you are not looking to incur legal fees, then you would need to seek out whether you can file a motion to modify the Decree. You would need to read the Ohio Revised Code Section for Spousal Support and see if you can file a motion to modify. Depending on the county you live in you should also... View More

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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Ohio on
Q: Can I modify visitation due to mother's unstable housing and safety concerns?

I have had legal custody of my nephew since June 2024, with the mother having court-ordered visitation every other weekend. Recently, her living situation has worsened; she was evicted and has moved multiple times—including staying at a budget motel, where there have been numerous police calls.... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2025

This is not an either/or situation. You may do both. Of course if CPS makes a finding about mother's situation that raises additional concerns it would bolster your position.

1 Answer | Asked in Divorce, Civil Litigation, Real Estate Law and Family Law for Ohio on
Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?

In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More

Nicholas P. Weiss
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answered on Mar 26, 2025

Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.

If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to...
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2 Answers | Asked in Contracts, Civil Litigation and Family Law for Ohio on
Q: Do I need to return a gifted ring in Ohio if the relationship ends?

I received a ring as a gift from my partner, valued at approximately $3,000 to $4,000. There was no proposal involved, and no written or verbal agreement about returning the ring. It was given as a token of commitment for our relationship. The gift was given about two weeks ago, and there were no... View More

Nicholas P. Weiss
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answered on Mar 25, 2025

You are not obligated to return it. It is not a conditional gift, which some courts in Ohio designate engagement rings. You can keep it.

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1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Ohio on
Q: Seeking advice on custody rights and response after ex-fiancée filed for sole custody and child support.

I am currently in Ohio, and my ex-fiancée and our 3-year-old son are in Oregon. We had no formal custody arrangements before. Recently, my ex-fiancée, influenced by false claims from a social media contact about my relationship status, blocked me on all platforms and filed for sole custody and... View More

Nicholas P. Weiss
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answered on Mar 25, 2025

If your child has been in Oregon for three years then Oregon has jurisdiction. I recommend you reach out to an Oregon family law attorney for a consultation.

1 Answer | Asked in Divorce, Family Law and Contracts for Ohio on
Q: Can pension division in divorce be altered years later due to new circumstances?

In my divorce, it was agreed that both parties would receive half of each other's pensions. However, circumstances have changed since the divorce: my ex-husband now receives free healthcare, while I pay a substantial amount. I was highly medicated at the time of the divorce and believe I... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly hard position to be in, especially when your financial situation has shifted and you're living with the long-term effects of a decision made during a vulnerable time. In Ohio, pension division is considered part of the property settlement in a divorce, and those terms... View More

0 Answers | Asked in Juvenile Law and Family Law for Ohio on
Q: Can an 18-year-old in Ohio foster care leave to return home?

I am assisting a minor who is currently in the foster care system in Ohio and has recently turned 18. She wishes to leave her foster care placement and return to her real family, feeling that her foster parents are controlling her and doing things she does not want. Although aware of the Bridges... View More

2 Answers | Asked in Criminal Law, Child Custody, Family Law and Legal Malpractice for Ohio on
Q: Conflict of interest with law firm representing family in Ohio custody cases?

I was assisted by a lawyer at a firm in a criminal case, while a different lawyer from the same firm represented my parents in a custody case for my son. This firm also represents my brother and now represents my daughter, who is trying to take custody of my son. This has all occurred since 2013. I... View More

Nicholas P. Weiss
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answered on Mar 19, 2025

Possibly, but if the family law attorney has been partitioned off from anything in your criminal side, it likely would not constitute a conflict. If you are concerned, you can seek removal of the opposing counsel on the basis of conflict of interest.

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I need a divorce but can't afford a lawyer. What are my options for legal assistance?

I'm looking to get a divorce in Ohio but can't afford a lawyer. I have two children, and there are no properties to divide. I'm currently working part-time. There are no existing custody or support orders, and we haven't filed yet. I'm seeking information on low-cost or pro... View More

Nicholas P. Weiss
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answered on Mar 18, 2025

Cuyahoga county domestic has on-site staff who assist with this very type of thing to help low-asset low-income people conduct unrepresented divorces. I recommend that you go there in person and seek assistance.

0 Answers | Asked in Family Law, Cannabis & Marijuana Law and Gov & Administrative Law for Ohio on
Q: CPS case for marijuana cleared, but rehab recommended. Consequences of refusal?

My wife and I had a case opened by Child Protective Services (CPS) after our son was born due to marijuana use. We complied with all their requirements, including home visits and drug screenings, both of which my wife passed. Despite this, CPS has recommended that she undergo rehab at their... View More

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