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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Ohio on
Q: Can a no contact order be issued as a judgement entry, and how long is it in effect?

In 2020 I was served with a no contact order that was entered into a case that I was not apart of and there was no hearing on the matter. As part of a CPS case against my wife for neglect of my stepdaughters, that has since been closed the judge made a judgment entry in the case of no contact but... View More

James L. Arrasmith
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answered on Dec 2, 2023

In Ohio, a no contact order can indeed be issued as part of a judgment entry, especially in cases related to family law or child protection matters. Such orders are generally issued to safeguard the welfare of those involved, particularly minors.

Regarding the duration of the no contact...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: What can be done to child support being paid to a mother who does nothing for her children?

A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 29, 2023

If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has... View More

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If a kid has time with their dad and agrees to let the mom have the kid during his time can he later go back on the deal

If a child is with the dad from christmas til new years and the mom asks if she can take him on a cruise during that time and he says yes can he later change his mind and keep the child for Christmas and the time he has in the custody papers or since the agreement has been writen down in text does... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

Technically, it is the court Order that controls where the child where children should be if the parties cannot agree. That being said, having had a written agreement to a one time alteration does complicate the situation. The facts you describe will not likely give you the ability to successfully... View More

1 Answer | Asked in Family Law for Ohio on
Q: How quickly can I gain temporary guardianship and file it

I am trying to enroll my nephew into a school where he would live here in the school district, the school says they need the legal guardianship filed. How quickly can we file a temporary guardianship when the mother of my nephew is with me asking this to happen. The mother lives in the uk and my... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

Sounds like you would need to file for temporary custody in Juvenile court in your county. You would do best to hire a family relations attorney in your county. How long has the child been there? if it is less than 6 months in the state and 90 in the county you may have to file an emergency... View More

1 Answer | Asked in Family Law for Ohio on
Q: how do i go about gaining guardianship over my nephew and having it in file. The cause is because out of state move
Todd B. Kotler
Todd B. Kotler
answered on Nov 28, 2023

Generally you would need to file for custody in Juvenile court in the county with jurisdiction over your nephew. However, these cases are VERY fact specific. You need to invest in hiring an attorney in that county who regularly practices family relations law. You need to prove some very... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Someone with my child’s school made an MUI report on me. I was not informed and now it’s being used against me in court

The report was made a month ago. I have an ongoing custody battle with my ex. I was never questioned or investigated. The allegations were unfounded. However, the board of DD still shared the report with the guardian ad litem and it will be mentioned in court and detrimental to my case. I did not... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 25, 2023

This question is missing some critical details neccessary to answer it fully. Has discovery been conducted? Was it conducted by an attorney for this person? If the questioner has hired counsel this is a question for that attorney. Also it is crucial to know whether or not this is a dependency... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My brother n his wife are still married she lied to get a restraining order on him while he was in jail she took the kid

Across state lines with out him oking it.is this illegal

Todd B. Kotler
Todd B. Kotler
answered on Nov 24, 2023

Obviously, it's an abuse of process to swear out of false affidavit. Unfortunately, It is nearly impossible to get law enforcement to charge someone when it is connected to alleged domestic violence. Also, unfortunately for your brother, unless there are temporary orders in place regarding... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: The mother of my kids drop them off with me and moved out of state what rights do I have
Todd B. Kotler
Todd B. Kotler
answered on Nov 23, 2023

Your rights are going to depend on your marital status with the mother. If you and mother were married, your rights are identical to hers. If you and mother are not married however. You ought to file a motion to establish your custody over the children. You may do this either petitioning the court... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: Guardianship of a minor and estate if one parent died, and the other lived I can't see the whole case? Court has no info

My dad died when I was a month old. His wife, my mom lived. In the county court there is no information at all except guardianship of a minor and estate but that is all it says. He was the incorporator and he started a business that is extremely successful today and ran by my mom's family. My... View More

Aaron Epling
Aaron Epling
answered on Nov 21, 2023

You need to talk to a local attorney for help. I recommend Trent Stover in Sidney, OH.

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1 Answer | Asked in Family Law and Cannabis & Marijuana Law for Ohio on
Q: Now that weed is legal in ohio can cps test for it
Todd B. Kotler
Todd B. Kotler
answered on Nov 17, 2023

Under current state regulations they can. While the technical effective date of the voter initiated statute, is December 7, 2023, Ohio's General Assembly and the Department of Commerce and the Department of Development have yet to flesh out the new regulatory structure for the actual sale... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine

He hasn't been served due to false address and no job on file for years. $30K behind

Kelly A Rochotte
Kelly A Rochotte
answered on Nov 11, 2023

If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: What is motion is moot in a dissolution case
Todd B. Kotler
Todd B. Kotler
answered on Nov 11, 2023

A mooted motion is one where the requested relief is no longer neccessary. Typically it is where the person bringing the motion already has the thing for what has been asked. For example, if one had a motion for a return of a particular car and the respondent to the motion returns it before a... View More

0 Answers | Asked in Family Law and Child Custody for Ohio on
Q: For unwed parents, who get married, does the father get custodial rights after marriage in Ohio?

They’ve been together since before the birth of the child. They plan to get married before the child is two years old. Paternity was established at birth.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can my guardian give guardian ship to another person in another state for me to attend college underage at the age of 16

I am working on graduating high school early and plan to attend college afterward at the age of 16. The college I want to go to is in California and I live in Ohio with my guardian. How would it work for me to attend college out of state without my guardian being able to move?

Todd B. Kotler
Todd B. Kotler
answered on Nov 1, 2023

You will want to confer with a California family law attorney as well. Have you identified with whom you would reside while attending college there? You will need to also hire an attorney in the county that granted custody to your present guardian. This is a novel question that will require any... View More

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Ohio on
Q: Can I sue the co-owner of a property for refusing to sell now that the property has been reverted to beneficiary?

Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More

Aaron Epling
Aaron Epling
answered on Nov 1, 2023

You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: OH dissolution, is it ok to leave spouse's name on bank loan if it's spelled out in the dissolution who is responsible?
Todd B. Kotler
Todd B. Kotler
answered on Oct 31, 2023

OK? What do you mean by "OK"? Will you get arrested? No. But simply leaving the agreement that one spouse is responsible will not be enforceable against the lender or loan servicer. It is only enforceable against the responsible spouse. It is better to get the responsible spouse to... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: We have a custody agreement father has physical custody are they allowed to keep me from communication with our son ?

My son's dad and I have a custody agreement where he has physical custody and some things were said. The girlfriend of my son's dad said we're going to get me for defamation of character Because my son said something to me and I didn't tell them that he told me. Now they're... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 30, 2023

Your rights and responsibilities should be spelled out in your parenting plan and/or Order setting out your custody agreement. I doubt it contains an ability of one parent to cut off communications from the child to the other parent. More likely, it contains a right of the child to have frequent... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Hello, My parents have my daughter who is 9 years old and they are not letting me talk to her or see her.

I have full rights. They have no rights to her as far as guardianship goes. I do not live with them as we do not get along or see eye to eye so I live in Vandalia. But now I cannot contact my child and I am very scared.

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 27, 2023

That is actual kidnapping. Have you made a police report? Are there any arguments on your parents’ side regarding the well-being of the child while in your care? You should speak with a custody attorney right away.

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