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Ohio Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Forgot to say in my previous post...

I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

It depends on the loan agreement.

In any event, you are not personally responsible for the loan.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Home Equity Line of Credit -- Will I be responsible?

Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

They will foreclose on the house to get paid.

They can't go after you personally.

1 Answer | Asked in Family Law for Ohio on
Q: What are the grandparents right in Ohio for unmarried couples? And if the mother say no don’t they have to listen?
Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 10, 2022

A grandparent has the right to seek reasonable visitation of grandchildren if the parents are not married and at no time were married to one-another. An analysis is conducted on the best interest of the child standard. However, special weight is given to the parent as to whether it is in the best... Read more »

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: I'm already on child support for one child an she want to put me on child support for another child would I have two.

Would I have two child support orders or 1

Raquel Ann Parish
Raquel Ann Parish answered on Apr 1, 2022

There is a separate case for each child in Ohio when the parents are unmarried. However parents can ask the court to combine the cases for purposes of hearings and calculations if the parties are the biological parents of the children.

2 Answers | Asked in Family Law and Juvenile Law for Ohio on
Q: Can I kick him my 16 year old out?

My 16 year old son is leaving the house and staying gone for days. He will not respond to calls when calling him and is quick to let me know he is grown and dont have to ask permission to leave or answer calls, however I pay his cell phone bill. He's also disrespectful and will often try to... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Mar 31, 2022

Under the Ohio Revised Code a minor child cannot simply apply to a court for emancipation. Generally, a parent must support a minor child until age 18, or beyond age 18 if the child attends high school on a full-time basis, is incapable of being self-supporting due to disability or if parents... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I live in ohio, my daughter's mom bought, pays for her cell phone. by law do I have to allow the phone in my house??

My daughter live with me. Will not do chores when she has her phone

Joseph Jaap
Joseph Jaap answered on Mar 28, 2022

It depends on what the parenting agreement says regarding communications and cell phones. Try to work it out.

Check if the agreement requires mediation of any disputes. If that doesn't work, then file with the court for a clarification.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: If my children are in a different time zone than what our court order states- what time zone do we follow?

Our court order states “ Father shall be permitted to have contact with the children by phone,

Instagram, Facetime, skype or similar electronic media a minimum of three

times per week for a maximum of up to one hour. The days and times may be

agreed upon by the parties. If... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Mar 28, 2022

The history of the parties plays a big role in how they conduct and carry out the terms of a shared parenting plan or child custody visitation order. Given the complexity of any case with a GAL etc there must have been some temporary orders in place while the case was pending. How were phone and... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: My friends husband has video recording devices in their home bedrooms and bathrooms. Minors in the house. Is this legal
Raquel Ann Parish
Raquel Ann Parish answered on Mar 26, 2022

The Ohio Department of Job and Family Services has launched 855-O-H-CHILD (855-642-4453), an automated telephone directory that will link callers directly to a child welfare or law enforcement office in their county. Reports can be anonymous

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: If cps has custody of your children and u have a criminal case do they have to wait for criminal case to end to make dec

Do they have to wait to make a decision my criminal case has to do with my cps case in juvenile my dad has temporary and he started a whole bunch of trouble for me and mom.Will that have to wait before we lose parental rights

Matthew Williams
Matthew Williams answered on Mar 25, 2022

The parental rights case does not have to await the outcome of the criminal case. Indeed, because there is a time limit on the parental rights case, the juvenile court may be unable to wait.

1 Answer | Asked in Child Support, Divorce and Family Law for Ohio on
Q: How can I get some one on one advice on the forms I need to go about getting a divorce and the reasons?

My husband is being non cooperative, he controls all the money, basically lives in another state comes home for 3 days out of a month! Leaves all the responsibilities of our 3 children on me, doesn’t spend any time with them or me, I ask that we sit down and discuss the matter of separating or... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 22, 2022

If he won't cooperate, then you will have to get an attorney and do the divorce yourself. Use the Find a Lawyer tab to talk to some local family law attorneys and then hire one to represent you through the divorce process and to answer questions about custody, child support, spousal support,... Read more »

1 Answer | Asked in Family Law and Divorce for Ohio on
Q: Am I legally married? A friend of his performed the wedding just found out that he was not registered with the state.

A friend performed the wedding and I just found out that he was not registered with the state at the time. I'm not sure if anyone was aware of it at the time. He didn't register until 2 years afterwards. I want a divorce now i am not sure if I should file for an annulment instead. There... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 21, 2022

You are very likely still legally married and would need a divorce, not an annulment.

1 Answer | Asked in Family Law for Ohio on
Q: Am I legal married if the person that performed the ceremony was ordained online but did not register with the state?

A friend of ours performed the ceremony he got ordained online but just recently told me that he was not registered with the state at the time. He didn't register until 2 years later. I am trying to get a divorce and with this new information I was wondering if I could or should file for an... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 16, 2022

If you were legally separated by a court, which approved a separation agreement, then a court is already involved and assumed you were validly married, which you would have stated in the forms filed with the court. But if those facts were never disclosed to the court, then decide if being married... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Does my ex-husband owe me for health insurance in the past if I made an error in what I told him was due?

My ex-husband and I have a court order to split kids expenses including healthcare. I pay for the healthcare from my job that I started in January 2019. He has been paying me $150 a month since I started the job. About six months ago I realized that I made an error in what I told him and instead of... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Mar 15, 2022

Your have the option to file for contempt of the court order if your kids health insurance was not paid in full and your kids' father refuses to pay the difference. Some sort of evidence that your ex should have known of the cost might be helpful. Your ex may claim a defense in that it was... Read more »

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: Can my husband adopt my two children whose father is not in the picture?

I got a dissolution from my ex husband in 2017. We had two daughters together who are now aged 12 and 14. There was some abuse involved with the children and with me as well, and they haven't wanted anything to do with their father for some time. We have been to court a few times when he tried... Read more »

Bridget Sciscento
Bridget Sciscento answered on Mar 14, 2022

Hello, since you and your husband married more than a year ago, then he can apply for stepparent adoption. There are 2 ways a stepparent adoption can be granted: with or without consent of the biological parent who will have their parental rights terminated. In Ohio, if a parent fails to provide... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: my wife and I jointly own a car. She is taking it to Indiana. As co-owner can i legally refuse to let her drive it?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 15, 2022

No. If you want her to remain in Ohio you will need to file for divorce and seek a restraining order preventing her from taking marital property outside of the state. Absent a court order you cannot prevent her from driving the car.

2 Answers | Asked in Family Law for Ohio on
Q: How do I get a family law attorney in morrow county who will accept retainer fee payments?

I am supposed to have my answer to divorce with children in to the courts by 3/11/22 and still can't find a lawyer.

Joseph Jaap
Joseph Jaap answered on Mar 7, 2022

Check in Mansfield, Delaware, Columbus or Franklin Co. Bar Assn., or use the Find a Lawyer tab.

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1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My God baby mother is becoming more & more unraveled she is having repeated breakdowns where she threatens to drop kid

Off to police station. I have raised my God baby since she was 3 months she is 3yr now. Her moms leave her wit me every chance she gets even told her family that if anything happens she was to come to me. But her mental state loves to control the narrative of the situation so she don't put it... Read more »

Bridget Sciscento
Bridget Sciscento answered on Mar 7, 2022

You may be able to obtain emergency custody of your goddaughter. It is difficult to obtain emergency custody and even more difficult for a non-family member. However, given that you have been caring for the child for long stretches of time and Mom appears to be unstable, you may be able to overcome... Read more »

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: I've been separated from my husband for 7 years and I'm not sure if I need to file for divorce or dissolution

Our children are grown we have no real estate we have nothing to fight them out I mean he has some of my parents things that I want back but other than that I do believe he'll sign the papers with no problems we both want to move on I'm on disability and I cannot afford a full-blown... Read more »

Bridget Sciscento
Bridget Sciscento answered on Mar 7, 2022

You can likely file for a dissolution. A dissolution is where the divorcing parties agree on everything before asking the Court to end their marriage. Most counties have packets that a couple seeking a dissolution can fill out, and many counties have help desks that can help you complete the... Read more »

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Closing Joint Bank Accounts?

Fairfield County, OH: My wife had our son file for a Protective Order. April 2021 he was 17 and Sep 20 he turned 18. He graduates in May 2022. He was granted 3 years. He enjoined my wife and his sister in the order. According to the PO electronic communication is a violation of the PO. My wife... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Mar 11, 2022

The answer to this question depends on whether or not you have temporary orders in an active Divorce case. Sometimes court put orders into place to prevent parties from making changes to joint accounts such as removing funds and closing accounts. If there is no current court order in place... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My ex wife took my kids and ran away to California. I currently live in Ohio and I need to know how to proceed?
Joseph Jaap
Joseph Jaap answered on Feb 28, 2022

If she is in violation of a court's custody order, file in court for contempt. Use the Find a Lawyer tab to retain a local OH family law attorney, and you might also need one in CA where she now is living.

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