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Ohio Family Law Questions & Answers
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.

0 Answers | Asked in Family Law for Ohio on
Q: Can a judge deny a move if it’s a military order? Mom married step dad who is active duty There's a protection order to

Bio dad hasn't tried to be in Childs life since he was 10month old.

0 Answers | Asked in Family Law for Ohio on
Q: Can i request a juvenile court case be transferred to another county?

My children and I no longer live there and have an upcoming court date. I don't have any transportation to get there

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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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: There was a custody trial 9/27/2024 and still no decision from the Magistrate. What can I do to get a decision?
Nicholas P. Weiss
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answered on Oct 16, 2024

That's not an unusual amount of time for a custody trial decision. Once it gets closer to a month you can call the court and ask for an update.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How to file for a temporary change of Parental time
Nicholas P. Weiss
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answered on Oct 14, 2024

This would be a motion to modify parenting time. This is a very common motion, and many courts have self-help forms that you can use to file the motion yourself if you go to the court in-person.

1 Answer | Asked in Family Law for Ohio on
Q: Does a step parent have any rights to children vs a domestic partner?

My ex and I have 2 kids. He is re married and I have a partner of 5 years. My kids consider my partner their step Dad. He is claiming since we are not married that my partner can't even be listed as an emergency contact at school or any other forms but his wife is required to be listed. In my... View More

Nicholas P. Weiss
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answered on Oct 11, 2024

He is wrong. Unless she adopts them, or gets some other kind of court ordered right, his new wife and your current boyfriend have the same amount of rights to the children, which is none.

He also misunderstands what an emergency contact is. It is just that. An emergency contact. It implies...
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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My boyfriend has been trying to find out when he was divorced. His ex will not give him any information.

We’ve tried everything on the Internet to try and find it with no luck. She said it was in the mid 90s, but that’s all she’ll say. She lives in Ohio. He tried calling every county he could think of with no luck. What else can we do?

Nicholas P. Weiss
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answered on Oct 11, 2024

I think it's possible based on this description that he was never actually divorced. This is usually something that is pretty easy to check. She would have had to file in a domestic relations court of the county in which she resided. If you have already contacted that county's clerk of... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have a court ordered parenting agreement, my children’s father is threatening to keep them from me.

I have called the cops and they said they couldn’t do anything but make a report but I’m not sure what I need to do.

Nicholas P. Weiss
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answered on Oct 8, 2024

Police seldom get involved in withholding matters, even though they should. It is likely that you will need to file a motion with the court to hold him in contempt and modify parenting if he actually violates the parenting time order.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can a deserting spouse who paid less on a mortgage be legally forced to reimburse the other spouse for it?

if both spouses using separate accounts paid $30,000 on mortgage and one paid 20,000 and the deserting one paid 10,000, can deserting spouse who paid less be forced to pay the extra 5000 to meet an equity division requirement regardless of profit on the sold house?

Nicholas P. Weiss
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answered on Oct 8, 2024

Potentially yes. It would require an order from the domestic relations court as to the split of equity and assets.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If a couple divorcing can't decide on the selling price of the home who decides who gets the right to sell it their way?

And if a court ruling is required for this and one spouse has proof that they paid more on the mortgage than the other spouse, does that give them a favorable stance in getting a ruling for them to sell it the way they want to or transfer the mortgage they want to?

Nicholas P. Weiss
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answered on Oct 8, 2024

The court decides. Paying more on the mortgage is only one of many factors that the court would use in splitting all assets, not necessarily just the equity from the house.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can a deserting spouse refuse to sign a home selling agreement (Because they don't like the offer price) ?

My daughter's husband is leaving her. She can't afford to make payments on the house or buy him out. She wants to sell the house for only the mortgage balance (plus closing costs) or have someone else assume the mortgage. If the husband refuses, what legal recompense does she have if any... View More

Nicholas P. Weiss
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answered on Oct 8, 2024

Unfortunately none at the moment. She will need to file for divorce and obtain a court order as to either the transfer of the house into her name so she can sell it or an order selling the house.

1 Answer | Asked in Family Law for Ohio on
Q: Paternity established/ wrongly accused in protection order/ need visitation

My sons ex lied about her baby be his because he cheated and moved on my son had to file for paternity now that they got results she made up lies and filed a false protection order

Nicholas P. Weiss
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answered on Oct 2, 2024

Step one is to defeat the protection order by demonstrating that it is not justified. Simultaneously your son should file in his county's juvenile court for parenting time.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: What is abandonment and the consequences when a wife and 4 year old are left basically homeless?

We have permanent legal custody of the 4 yr old. She and I are now homeless, but she spends most nights with him. I have no home or bed at the moment for her. I would like child support and spousal support and a place for she and I to live.

Nicholas P. Weiss
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answered on Oct 2, 2024

Justia indicates that you are in Florida. Spousal support and child support are very state specific. I recommend that you reach out to the Florida bar for this, and not the Ohio bar.

1 Answer | Asked in Contracts, Family Law and Civil Rights for Ohio on
Q: I'm 18 and under a minor role. Can I take legal actions if my parents do not turn over custodian role on the bank accoun

I'm 18 under a minor role in my bank account where I have earned all my money through working. My parents and I don't have a good relationship. What legal actions can I take? Even if I have to sue to get my savings and college fund.

James L. Arrasmith
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answered on Sep 19, 2024

Once you turn 18, you generally gain legal control over your finances, including bank accounts. If your parents are listed as custodians on your account, you should first contact the bank to request that the custodian role be removed, as you are now legally an adult. Banks are usually required to... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Ohio on
Q: What to do when a grandparent that has no court order or rights is stalking my child and making them feel unsafe?

She has already shown up at my house at random times demanding to see my kids. Has made false accusations and called the police on me. I have full custody and need some advice. I tried to get a protection order but was told I didn’t have enough evidence at that time.

Nicholas P. Weiss
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answered on Sep 17, 2024

When she shows up call the police as she is trespassing.

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Ohio on
Q: Mediation and our marital home

We bought our home during our 8 year marriage. Documentation does not have my name on it as owner. To save money, we opted to try to settle with a mediator we still need to get. My husband suggested buying out my equity in the home and paying off my car for me by dipping in his 401K in lieu of... View More

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2024

A mediator helps the two spouses reach a settlement outcome that both spouses agree is fair, or at least tolerable. But if each spouse is not fully informed of their potential rights and all the implications of the settlement, then that spouse might be at a disadvantage in agreeing to a mediated... View More

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