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 
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
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
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
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
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
Across state lines with out him oking it.is this illegal
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
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
He hasn't been served due to false address and no job on file for years. $30K behind
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
He hasn't been served due to false address and no job on file for years. $30K behind
answered on Nov 11, 2023
I agree with my colleague. I will add a few more thoughts.
The competing motions may be merged into a single action. You will need to file a motion to accomplish that. The court will consider his failure to pay support as part of evaluating whether to revise parental rights and... View More
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?
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
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
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
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.
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.
I have an agreed judgement entry that defines my ex’s visitation. We went to court to modify it with a new agreed judgement entry. It was not signed by the magistrate or us because there are issues with it. However I expected it to be edited and gave him his modified weekend with the kids. 2... View More
answered on Oct 25, 2023
The only entry that can be enforced is one signed by the Judge and filed with the court. Anything that has not been filed is invalid. In some instances a signed copy is filed with the court and unsigned copies are time stamped at the same time as "service" copies which are for... View More
I moved to Ohio in September.. Ohio is my home of record. I recently got out of the military. My daughter was born in Virginia. Her father resides in Virginia. If he takes me to court will I have to go back to Virginia? Can I take him to court in Ohio?
answered on Oct 23, 2023
According to the UCCJEA referenced by Mr. Kotler, the child's "home state" is where the child has resided for the past six months or more. You did not mention whether the child is with you or with her father, but if the child is with you, wait the six months and then you may file. It... View More
I moved to Ohio in September.. Ohio is my home of record. I recently got out of the military. My daughter was born in Virginia. Her father resides in Virginia. If he takes me to court will I have to go back to Virginia? Can I take him to court in Ohio?
answered on Oct 22, 2023
Ohio adopted the Uniform Child Custody Jurisdiction and Enforcement Act many years ago. This means that in order for Ohio to have jurisdiction regarding your daughter, she needs to reside here for at least six months and in one county for at least 90 days. You may file next spring according to... View More
I was rescent arrested do to my soon to be ex husband falsely told police I hit him. When he was the one who attacked me. He new the police on the screen. They didn't read me my rights and said it wasn't necessary. Refused my phone call. Then would let me reach out to my lgbtq advocated... View More
answered on Oct 19, 2023
In Ohio, as in the rest of the United States, the Miranda warning is a legal safeguard designed to protect an individual's Fifth Amendment rights against self-incrimination. If a law enforcement officer fails to provide a Miranda warning before a custodial interrogation, the primary legal... View More
Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More
answered on Oct 18, 2023
If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More
My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life
answered on Oct 1, 2023
First, this is a very difficult situation to be in as a mother, and I want to commend you for asking a legal forum before taking action. Second, "abandonment" in Ohio is governed by Ohio Revised Code 3127, which says that a parent who fails to maintain contact with the child for 90 days... View More
My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life
answered on Oct 2, 2023
I agree with my colleague but please also understand that the term "Abandonment" only has a meaning insofar as establishing whether a court has jurisdiction over a child. It does not impact whether a parent continues to have rights and responsibilities regarding a child. Generally, that... View More
What can he be charged with how do I find a lawyer legal aid ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023
You may be able to file for contempt of court for violating the visitation order. Additionally, moving out of state without permission could be grounds for a custody modification. You can find a lawyer through local bar associations, and there are also legal aid organizations that may be able to... View More
I just found out the grandparents who drive the mother during child exchange have recent history of losing their license. There currently is an active bench warrant for the grandfather for failure to appear for a court case dealing with driving under suspension and uninsured. Can I refuse to allow... View More
answered on Sep 23, 2023
You may refuse. This may not stop Mother from filing a complaint. You will simply have a defense should the matter go to court. It is vital that you not refuse outright but simply as to this mode of transportation. Should you wish to amend your parenting plan you would need to file a motion to... View More
Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent?
answered on Sep 23, 2023
Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
