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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to my sister?

My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 28, 2024

Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.

The CFPB issued an interpretation in 2014 stating:

the creditor's written acknowledgement of the successor as...
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2 Answers | Asked in Family Law for Ohio on
Q: my wife had allegations fro family member that we were using multiple drugs and only failed for weed what can CPS do

Now we said the aligation r over with weed is legal we failed for nothing else what's next step

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

A child welfare protection agency has broad powers. Depending on what else they find in their investigation, they do have the ability to either enact a safety plan with a family means that they will have increased scrutiny upon the family, file a complaint with the local juvenile court for... View More

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2 Answers | Asked in Family Law for Ohio on
Q: I want shared custody of my daughter but her mother won't do mediation. What can I do next?

I got to see my daughter twice for 3 hours in a year. We tried mediation and her mother didn't want to continue it. The magistrate said my options were to go to trial or get a lawyer? I'm not sure what each mean and what to do. I have another court date on April 23 at 1 pm.

Nicholas P. Weiss
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answered on Mar 27, 2024

The magistrate is correct. If she won't voluntarily let you see your daughter, then you need to get a court order. This is typically a lot easier with a lawyer assisting you, particularly if you need to have a trial over the matter.

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1 Answer | Asked in Family Law for Ohio on
Q: I am a legal Guardian for my mom has dementia, I am on her checking account if I borrow money and plan on paying it back
Nicholas P. Weiss
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answered on Mar 27, 2024

I cannot think of a faster way to be removed as guardian then to give yourself money from the guardian's account.

1 Answer | Asked in Family Law for Ohio on
Q: I am legal Guardian for my mom dementia,I am on her checking account can I borrow money from account pay it back later

I am her legal Guardian and will pay it back, I am on the bank account

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2024

A guardian can only use funds for the person over whom they are acting as guardian. Using funds for personal use could open the guardian to personal liability, civil and criminal action. Use the Find a Lawyer tab to consult a local estate planning attorney to discuss the guardianship.

0 Answers | Asked in Family Law and Child Support for Ohio on
Q: Can I move states without the father's permission?

I do have a child support order and the father never signed off his rights but there is no court ordered visitation or anything like that. He has tried to give me the choice of either drop the support case and get to leave or he won't give me permission to do so. Can I move without having... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Ohio on
Q: Is it possible to kick an ex out of our house and off the deed/mortgage?

We live together in Ohio and have one minor child and are not married and never were. My ex refuses to leave and also will not pay the mortgage (his agreed half of the bills when we bought the home).

How can I get my EX name off the property since I have been the only one paying the... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 25, 2024

What you want to do is not impossible. It is however highly improbable. What you will need to do as file and action called partition period you should seek out attorney who regularly practices real estate law in your county. It would be better still if that attorney practices family law. You only... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My son has 3 kids, 5 and under. Never married to the Mother. They are now split. He pays her bills but no legal rights

Basically… There is no support order, visitation, or father’s rights set up. She does not work.My son has a good job, works 7 days a week. Came back home(parents) to get his bills back on track. he is behind on many. What direction can He take to get paternity, visitation, support all legal in... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 24, 2024

Depending on the county a paternity action (sometimes called a motion to establish parental rights and responsibilities) costs anywhere between $6-7K. Look for an attorney who practices family law in your grandchildren's county.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Is it legal for a minor who is NOT emancipated to live states away from their legal guardian?

My 19 year old brother is dating a 17 year old girl. Back in August she moved in with us, we have no guardianship over her and aren't even able to check her grades. She shares a room with my brother and her parents live all the way in Georgia (We're in Ohio). We have no rights over her,... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 19, 2024

I am trying to figure out how she managed to be enrolled in your school district. CPS could send her back to GA. Depending on how soon she turns 18 they may figure it is not worth the bother.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
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answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

0 Answers | Asked in Family Law and Child Support for Ohio on
Q: I'm about to go to jail for not paying child support when I have not had a job and no income to be able to pay it

i live in ohio I'm about to go to jail for not paying child support when I have not had a job and no income due to health issues and have been unable to pay it and also my ex-wife does not even want it what should i do? and does not want me to go to jail and or lose my license because then... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

James L. Arrasmith
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answered on Mar 15, 2024

In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country.... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Ohio on
Q: In the state of Ohio If me ex wife is remarried or if I filed bankruptcy on her, is she still entitled to the payment
Todd B. Kotler
Todd B. Kotler
answered on Mar 16, 2024

Without more context this question is impossible to accurately answer. If the payment is spousal support it depends on the wording of the decree. Generally, domestic relations support orders are not dischargeable in bankruptcy. The remarriage may be a termination of support, but only if... View More

0 Answers | Asked in Family Law for Ohio on
Q: Can a father attested to a name change and win without seeing or providing for the child in over 2 years?

My son’s father has not tried to see or contact us since he was 8.5 weeks old. I filed for a name change to my last name and after 2 hearing attempts he is extending it for legal counsel. He has never provided for my son and currently has a warrant for his arrest. We were never married.

0 Answers | Asked in Family Law for Ohio on
Q: Good afternoon, I have been married to my husband for 33 years. We are both retired now . We have a a 30yr daughter with

Special needs. 24/7 care. Our home is accessible for her, but I can’t afford to buy may husband out. Also I have a much more retirement funds. I feel trapped knowing it’s a 50/50 and most likely off records I will have the blunt and financial burden with her. She does get social security.... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If we were never married and the house is in both of our names - can he sell it without my permission.

He left 16 months ago and took nothing with him

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

No, he cannot. All owners must sign a deed in order to convey clear marketable

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Ohio on
Q: A 16 yr old boy and 15 yr old girl are dating, and have been dating for almost 11 months. When he is 17, is it illegal?

The girl just turned 15 and he will be turning 17 in a couple weeks. Is it against the law for him and her to continue dating when he is 17? How does the law apply to this type of scenario? If two people are dating and they are both minors, but one is older than the other by a year and a half, when... View More

Linda  Malek
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answered on Mar 25, 2024

Dating or having sex? Dating is not illegal at that age, obviously we are assuming parents are ok. However, when the young man turns 18, she will be turning 16, I am presuming shortly after…It would not be statutory rape because she is 16 (the age of consent). If she is 15 then it would be... View More

1 Answer | Asked in Family Law for Ohio on
Q: my father passed away and did not list a beneficiary on his 401k. do his kids receive this benefit ?
Nicholas P. Weiss
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answered on Mar 6, 2024

His estate receives this benefit. The estate then disburses the funds in accordance with the will. If there is no will, then it is disbursed according to Ohio's intestacy statute. If he is unmarried, it is likely that the kids will take all of the funds.

0 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Ohio on
Q: I have a 17yr old out of control teen. She has been charged with domestic violence, criminal mischief, unruly,

And disorderly conduct. While awaiting for a hearing she had been charged assault on law enforcement x2, resisting, obstructing, and domestic violence towards sibling. I have had her in therapy 6yrs. She leaves threatens run away. What can I expect to happen in court. We are having an... View More

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