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I am concerned about my child's custody arrangement due to the other parent suffering from schizophrenia with anosognosia. Although there are no existing custody orders, my child has been experiencing emotional and physical abuse, and pediatrician notes are available. I want to know if the... View More
answered on Oct 13, 2025
I agree with my colleague for the most part.. However, I feel the need to stress that OH typically doesn't speak in the language of full custody versus part custody. Typically, Ohio courts speak as to whether or not a parent is the primary residential parent. Very rarely does a parent not have... View More
I need to find out if I already have sole custody of my child. The other parent and I were never married, and we have not filed any official custody agreements or court orders. We have a verbal agreement that she visits him every other weekend, while I make all decisions regarding my child without... View More
answered on Aug 17, 2025
If by "she" you mean mother and you are father, then the answer is NO. In Ohio an unmarried mother is presumptively the sole custodian of a child until a Court ORDERS otherwise. Your "verbal agreement" means nothing to a reviewing court. You need to file a motion for... View More
I believe my child's father lied about his income during our interview related to child support, and he also claimed that his daughters live with him, though they actually reside with their grandmother. I would like to contest this misinformation. The school they attend is aware of the living... View More
answered on Jul 29, 2025
After you receive a finding from the Child Support Enforcement Agency, you should also receive information on how to appeal the decision or rather file an objection. Send in that paperwork as the instruction states. An additional hearing will then be set up, and in the meanwhile, it would be wise... View More
I discovered a tracking device in my child's belongings during one of my visitations. My phone detected the device, which led me to find it inside her bag. I still have the device but am unsure if I should report this to law enforcement. There is an existing custody agreement in place. Should... View More
answered on Jul 28, 2025
I differ slightly. I would want to know about your co-parenting relationship. How well do you and the other parent communicate? What does your custody agreement say about monitoring the child? Does your custody agreement have a provision for how you should communicate about substantial... View More
I'm a grandmother with court-ordered visitation rights for my 9-year-old granddaughter. The visitation order includes a requirement that I transport her to extracurricular activities, though it does not define what those activities are. Recently, the child's mother signed her up for... View More
answered on Jul 18, 2025
When a term within a legal document such as a contract, agreement or Order is not defined within, then a court will typically apply the usual meaning or definition. Merriam-Webster defines the adjective "extracurricular" as :
not falling within the scope of a regular curriculum... View More
I'm involved in a custody case with my child's father, who neglected our child for five years and only recently decided to seek custody. We are supposed to go to court tomorrow, but I haven't been served with any court paperwork. The documents I reviewed state 'service... View More
answered on Jul 17, 2025
If you have not been served, the case cannot move forward. However, you are only prolonging the inevitable. Parents have a paramount right to raise their children. It is in your interest to engage with the process. Father may have to jump through some hoops but he will eventually get you... View More
My son's father and I have a court order for visitation. My son, who is almost 10 years old, has not seen his father since April and hasn't heard from him since May. He dislikes visitation because his father is "mean" and doesn't spend time with him during visits. The... View More
answered on Jul 17, 2025
Unfortunately there is no legal way to force your ex to be a good parent. If he chooses not to exercise visitation or spend time with your son, you can't make him (outside some therapy that he also likely would refuse). You could seek a change to your parenting plan (and potentially a... View More
My son's father and I have a court order for visitation. My son, who is almost 10 years old, has not seen his father since April and hasn't heard from him since May. He dislikes visitation because his father is "mean" and doesn't spend time with him during visits. The... View More
answered on Jul 17, 2025
I agree with my colleague. Further, if your hope is to completely cut off father from communicating or visiting with your son, under the circumstances you describe that will not happen. Were you to take him back to court the very best you could possibly hope for is that the court would change the... View More
I am planning to move from Ohio to Florida with my 5-year-old son for better job opportunities and a different environment for him, as he loves the beach and the water. His father is involved, but I am the sole provider handling all appointments and school activities. We do not have any custody or... View More
answered on Jul 15, 2025
No one here can tell you what you "should" do as that is subjective. If you and father are not married then you are the sole custodian and my do whatever you wish. However, father may sue to establish his parental rights and responsibilities. The Court may (but not necessarily will)... View More
I recently separated from my ex-girlfriend, with whom I have a daughter. About a month ago, she had a physical altercation with my mother while my mother was holding our child. Since then, my ex quit her job and has been staying with various relatives. Recently, she left our child with me under the... View More
answered on Jun 19, 2025
I am assuming you and your daughter have lived in Ohio for the past 6 months and have lived in the same county for the past 90 days.
Based on that assumption you need the file a motion to establish parental rights and responsibilities. Hopefully, you were listed as the father on the birth... View More
My child's mother has been absent for two years, during which I've been the primary caregiver. She has been labeled as unfit. Can she legally take the child from me now?
answered on Apr 29, 2025
Under these facts it is possible but highly improbable. There is much that you did not include that I would want to know. When you said "labeled" unfit. By who? Was that part of a court order? If so, mother would need to file a motion to modify the current custody order. In order to... View More
I have an autistic 9-year-old who visits his dad every weekend, and we don't have any court orders. Recently, my son started touching himself, which raised my concerns. He told me he saw his dad doing the same and was instructed not to tell therapists or doctors about it or about seeing a... View More
answered on Apr 14, 2025
If you are going to successfully file for an ER custody order you need to show that Father is presenting an existential risk to your child. Merely stating that the behavior is deteriorating or disturbing may not be enough. You should be able to tell the court why it should Order a change without... View More
I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More
answered on Apr 2, 2025
It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More
I record all my phone calls, and I have a recording of my child from such a call. My attorney has advised me that in the state of Ohio, a recording of a child is not admissible in custody court under any circumstances. The only previous custody hearing was the initial divorce, at which time there... View More
answered on Mar 9, 2025
I believe you should listen to your attorney. I would be highly offended if one of my clients were trying to crowdsource a second opinion. Trying to use a recording of a child in court is highly inadvisable. It never sounds the way to a judge the way a client thinks it will. At the most i... View More
I am representing myself in a family law case in Ohio, involving a motion to change parenting time and visitation schedules. The trial is set for April 18, 2025, and I need to submit an exhibit list 14 days before the trial date. The case concerns modifying visitation due to the father's... View More
answered on Feb 28, 2025
Don't overthink this. Make a list of all the documents that you want to present. Put the court information at the top of the list along with a caption like "Plaintiff's Exhibit List". File it with the clerk of courts and serve it on all other parties.
Never married, no custody arrangement in place. I recently filed for child support and coincidentally he filed an abuse/neglect report with CPS. He releases him to me after he takes him every other weekend. He's repeatedly told me he wants me to move away with him and I'm not sure how to... View More
answered on Jan 21, 2025
If you were never married and there is no custody order in place then you literally have all the power. Unmarried father's have no custodial rights in Ohio unless a court grants them parenting time. You would be within your rights to simply not give him any parenting time. In short, you... View More
We have not heard from his father in a year if not longer. I have given up on texting and calling him due to him not replying. I send pictures here and there with no response. He has never financially helped in the whole 5 years but I never asked for child support. So at this point I think it’s... View More
answered on Sep 17, 2024
You can file for a step-parent adoption in your county's probate court. Because the biological father has not been involved or paid support to you in over a year (even without a support order) his consent is not required to commence the adoption. You do not need to file for abandonment.
I lost custody of my son but still maintain my parental rights. Custody was granted to his grandma but she has lost custody of him twice. The first time she tried to kill herself, followed the case plan and got him back and then accidentally recorded a message on the Casas voicemail telling my son... View More
answered on Jul 21, 2024
You can start by gathering all evidence that demonstrates your efforts to maintain contact and the barriers you've faced, including the recorded voicemail and any documentation of missed visitations due to the grandma's interference. Present this evidence clearly to the court and insist... View More
I pay my ordered child support, but haven't seen my kids in almost 9 years. Their mother prevented contact. I know I should have filed for visitation long ago. My kids want nothing to do with me. What should I do?
answered on Jul 3, 2024
You are in a very tough position. A biological parent's consent is not needed for a step-parent adoption if they have had less than de minimus contact with the minor children for more than one year without reasonable excuse. A court will have a hard time concluding that your failure to file... View More
My daughter's father has been no contact for 2 years and he never established paternal rights in court, but is on birth certificate. When I was going to file officially for custody, 6 different lawyers during consultations informed me that because we were never married and he never... View More
answered on Jun 6, 2024
If the biological father has EITHER gone more than one year without de minimus (negligible amount) of contact with the minor child without reasonable cause OR has failed to provide support for the minor child, even without a child support order, then the biological father's consent is not... View More
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