I worked 3rd shift 67hrs/wk as a waitress. I moved uswith my mom for help with him. Past trauma/mental illness and addiction came next. I was on the list to go inpatient rehab everywhere.
But after getting home from work one Sunday, I was slapped hard in my face to wake me up. I opened my... View More
answered on Feb 26, 2024
Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not... View More
How do I go about getting a DNA test? She is obstructing and being difficult at every opportunity, vowing not to ever let me near the baby out of nothing more than spite. I can't afford to retain a lawyer.
answered on Feb 25, 2024
I would suggest taking a few steps to establish paternity:
1. Seek legal counsel. A family law attorney can advise you on your rights and the process for establishing paternity in your state. They can help you file a motion with the court to compel a DNA test if the mother is uncooperative.... View More
Support that she needs to have changed in the court system. She can't afford a lawyer and I don't think our area legal aid handles these cases anymore. Any advice or help for her appreciated.
answered on Feb 25, 2024
She and the ex need to file a joint entry (with the judge's signature) modifying the parenting plan to reflect this new situation. Once that is in place she needs to contact CSEA and provide a certified copy of the filed entry to them requesting the modification of the support award.
I had a concussion and cannot drive and needed to be taken to hospital
answered on Feb 23, 2024
In Ohio, as in other jurisdictions, while there is a general moral expectation for spouses to care for each other, especially in emergencies, the legality of a husband refusing to take his wife to the hospital, such as in the case of a concussion, is complex. There are no specific laws compelling a... View More
Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More
answered on Feb 22, 2024
If you met all the criteria for common-law marriage in Montana, then Ohio will recognize the marriage and you will need a divorce.
Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More
answered on Feb 22, 2024
In order to fully answer this question, one would need to know whether or not the couple described map of the criteria for common law marriage in Montana when they moved to Ohio. Ohio has not recognized common law marriage (within the state) since 1990. If, however, the couple met all the criteria... View More
Asking for friends. If a disabled person and a non-disabled person are dating, and want to get married for religious + social reasons, but discover marriage would put the disabled partner over the income limit for SSI, is a non-legal religious ceremony ok? Or is it fraud?
In this case,... View More
answered on Feb 25, 2024
Holding a wedding ceremony without completing the legal formalities to become officially married is not, in itself, fraud. Many couples choose to have a religious or ceremonial marriage without the legal recognition for various personal reasons, including financial or medical benefit... View More
He is currently on child support and hasn’t paid. I currently have sole legal custody of the child for him wishing death on him.
answered on Feb 14, 2024
There isn't really a charge for abandonment. If he has not paid child support yet, it is likely that CSEA has not yet started garnishing his wages. I recommend contacting CSEA for a status update on garnishment.
The past 4 years , he has sent money but has spoken to the kids maybe 3 times total, lives multiple states away, and has made zero effort to contact the kids himself (he's had their numbers and mailing address). Given the circumstances, would this be considered abandonment and allow... View More
answered on Feb 13, 2024
In Ohio, the situation you described might not automatically qualify as legal abandonment in the context of terminating parental rights. While the father's lack of physical presence and minimal communication over several years could be considered factors in a case regarding custody or... View More
Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More
answered on Feb 5, 2024
In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and... View More
answered on Feb 1, 2024
No, cash medical covers the out of pocket costs the obligee is expected to have to pay him or her self.
answered on Jan 31, 2024
Yes, each spouse must list all assets and liabilities. Even if accounts are in separate names, they most likely will be considered marital assets. Use the Find a Lawyer to retain a local family law attorney to assist with the forms, because if you a make a mistake on the forms, you might not be... View More
I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More
answered on Jan 30, 2024
That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More
I am the stepmother who has temporary custody and the children. The mother has messed a year and a half of visits with one child, and eight months of visits with the other, trying to figure out if that’s considered abandonment.
answered on Jan 30, 2024
In Ohio, the situation you describe may potentially be considered as a form of abandonment, particularly given the significant amount of time the biological mother has missed court-ordered supervised visits. Abandonment in child custody cases often refers to a parent's failure to maintain... View More
As a child I dealt with abuse, there were many investigations between the three states. In Ohio me and my siblings were taken into CPS custody. I've recently received some court documents from one investigation in the estate of my now passed abuser. And want to know if I can get the other... View More
answered on Jan 28, 2024
You may contact them directly and request the relevant county's general process. You are entitled to the records that concern you, but you may be required to execute an authorization, which will look different depending on the state and county where the investigation(s) took place. Some... View More
This is for a divorce case with children. We are now going in front of the judge as the magistrate just quit.
answered on Jan 28, 2024
Likely it is cause for disqualification. Ohio Jud. Cond. R. 2.11 states in material part:
(A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:... View More
When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More
answered on Jan 26, 2024
In your situation, the IRS generally allows the custodial parent to claim the child for tax purposes. The custodial parent is typically the one with whom the child spends the majority of nights during the year. However, the IRS's rules don't automatically override the terms of your... View More
Mother's moving with me, grandmother on father's side has grandparents rights too ,does she lose her rights ,child 8
answered on Jan 24, 2024
I would frame the question like this; should a child lose their right to have a meaningful relationship with the grandparents simply because their guardian is moving? You will need to have an attorney review the full order granting you custody. Often, when another grandparent has been formally... View More
answered on Jan 24, 2024
It is unlikely you can successfully sue the magistrate. In general, public officials enjoy what's called sovereign immunity. You may report the magistrate to your local Bar Association if they have truly stepped outside of their role and become an advocate for your wife. Mind you, simply... View More
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