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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce, Family Law and Juvenile Law for Ohio on
Q: If I need to get emergency full custody of my daughter to get her out of an abusive situation, how do I go about it?

I was divorced in one county in Ohio, I live in another county in Ohio and my daughter lives in another county in Ohio different than the divorce and myself. She is in an abusive situation with her mom and her mom's family, including sexual abuse by her stepdad. I really need help and... Read more »

Roger  Bouchard
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Roger Bouchard
answered on Feb 3, 2023

You can file for an emergency custody order. Generally, your motion has to state the child is in imminent danger.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my child's father entitled to a portion of the child tax credit I receive on taxes?

We are in Ohio and the child is 2.5. Her father and I have been separated for over a year and I have always claimed her. He has her 3-4 days throughout the week, so physical custody is about even. He doesn't claim her due to his child support for his other child is extremely behind. There is... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 2, 2023

If you were not married and there is no custody or support order then he cannot claim her on his taxes.

1 Answer | Asked in Child Custody for Ohio on
Q: If grandma had custody of a child and the grandma die what happens to the child and both parents r unfit
John Michael Frick
John Michael Frick
answered on Jan 27, 2023

They will preferentially be placed with a willing relative who is not unfit, and failing that, with willing fit foster parents

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Probate for Ohio on
Q: If I'm 17 and on probation can I move out of my house if I have a stable place to move to and I stay in school as well?
Roger  Bouchard
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Roger Bouchard
answered on Jan 24, 2023

That is a question for your probation officer.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My sons and I name pops up whenever our name is searched on google. This case is over 10 plus years old. And would remov

I would like this case removed expeditiously. As I feel it violates my son and I privacy and protection.

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Depending on what type of case it is, there may be avenues to seal the official records. But that doesn't mean that news reports or entries on websites like mugshots.com will disappear. Talk with a lawyer privately.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do we file contempt for not being allowed any contact with our kids or do we file for visitation first?

Maternal grandmother has legal custody. At the court hearings on the stand she said she wanted the kids to see us and that she'd allow supervised visits for now but we'd need to set it up ect. The court order just left it as a general reasonable visitation and stated they didn't feel... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 17, 2023

File both. The contempt should seek as a sanction that she return to Ohio. The court will not be happy that she left the jurisdiction.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: What are my rights as far as child support? I wanted a civil dissolution but now ex hasn't helped in 4 months.

My ex moved out in May. He stopped paying on the car i drive months ago and we had an agreement for him to help financially weekly but he stopped back in November and only has our 2 kids overnight 2 times a week. Now he is moving in with his current girlfriend who has 4 kids, 2 seniors 2 freshman,... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 16, 2023

If you are married, you should file for divorce and seek a temporary child support and spousal support award as part of your filing. If you are not married, you should go to your county's child support enforcement office to obtain an administrative child support award.

1 Answer | Asked in Criminal Law and Child Custody for Ohio on
Q: Custody battle turned nasty. Can I get help for this situation?

In a custody battle. I’m close to getting my kids due to their mother being abusive. Yesterday my ex’s mother posted a video to Facebook playing a song about murdering the man who hurts her daughter. I was then sent a video of her mother saying if I got custody that basically she knows a guy... Read more »

Patrick DiChiro
Patrick DiChiro
answered on Jan 12, 2023

It seems threatening. But that it to be determined by police or prosecutor. Due to the serious nature of this communication, I would report it to the police. Even if they decide not to pursue it, you will have something on file. Plus, I would print/document/copy the threats. You may be able to... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What county should you file a complain for parentage in ?

My fiancé has two boys. He wasn’t married to their mom. He has a child support order in summit county. He’s on their birth certificates , he’s had parenting time with them bi weekly since they were born. Their mom sometimes will withhold visits and he can’t access their medical records or... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2023

If there is a child support order then you do not need to file a complaint for parentage. You need to file a complaint for visitation or custody. You should file it in the county where the children reside.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: my parents are getting dicorced soon and idk how to convince the court in unsafe at my moms and abused with no pictures

the divorce might be this summer but idk, im scared my dad wont get custody and my mom will hurt me for trying to live with him, i never get a chance. to record her or anything and she isnt psychically abusive, but i have been sent to mental wards twice because of the stree, im only 13 and i want... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2023

Your father needs to seek a guardian ad litem to represent you in the divorce. Talk to the guardian once they are appointed and tell them this information. It is very likely that the guardian will recommend custody to your father if they hear you say that, even without proof.

If you are...
Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: representing myself for a third party custody trial how can i find out if 1 of the parents has recently been in rehab?

How to I obtain this information

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 12, 2022

You would send discovery responses to the parent asking them to assert that. You could also send subpoenas to their health care providers.

Getting health information of a party is extremely tricky. I do not recommend that you try this without counsel.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I am graduating high school and entering college at 16. How can I emancipate myself?

Our family resides in Ohio. I plan to go to college in Pennsylvania. I do not believe my parents will give consent for emancipation. I am currently working on opening a bank account and securing a part-time job, and I eventually would like to obtain a debit card. I'm not sure if this would... Read more »

Joseph Jaap
Joseph Jaap
answered on Dec 1, 2022

Parents are legally responsible and make the decisions until a child turns 18. Ohio does not allow a minor to seek emancipation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally through the act of the child's parents regarding terminating child... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Mother of my child hasn’t picked up my child yet it’s late at night no court paperwork child lives with mom full time
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you are not married to the mother, and there is no court paperwork, then the mother has full custody. If the child is staying with you without any court-approved agreement, then that is a risk for you. Use the Find a Lawyer tab to retain a local family law attorney to work out a custody... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Is it legal to leave home at age 16 in ohio without being emancipated?
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

A parent or guardian has responsibility until a child reaches 18. Ohio does not allow a minor to seek emancipation, so talk to a teacher, school counselor, or other trusted adult about your situation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: What’s the fastest way for son to live with us when mom has full custody?

Mother has full custody. (Mom and dad never married) Dad on birth certificate and pays child support. Mom and dad are coparenting. Oldest son (10) has had some behavioral problems and mom and dad have talked about son coming to live with dad and family to try something different since mom has tried... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Nov 15, 2022

The fastest way is to file a joint complaint for custody with a motion to adopt shared parenting plan with an agreed judgment entry signed by all parties.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Ohio on
Q: what can be dismissed in the appeals 11th.district ohio permanent custody from my case

from the date of filing of permanent custody to evidentiary hearing was 314 days. Magistrate was wrong on more than four reasons she used to determine her decision for permanent custody to agency. The judge would take over a year and status hearing to address case and grant CPS permanent custody.... Read more »

Matthew Williams
Matthew Williams
answered on Nov 11, 2022

The court of appeals could reverse the lower court. In order for that to happen you need to promptly file a notice of appeal and then a brief. It would be a good idea for you to hire an attorney to help you with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Question about my first court date after objection of child support order.

Will I need a lawyer for this court date, for the tax exemption, and my Fathers rights? And will a shared parenting plan be a separate court hearing after this one?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Nov 9, 2022

Custody and child support are held in separate proceedings. If you are still at the administrative level, which I suspect you are if you filed objections, then CSEA has very little wiggle room on child support calculations. Typically you would seek to have the order adopted by the Juvenile court... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: hello I need a temporary custody agreement and uncontested divorce.
Sarah P. Oberer
PREMIUM
Sarah P. Oberer
answered on Oct 14, 2022

If you'd like to file for divorce, contact a lawyer that can help and guide you with the process. Divorces are uncontested only when the opposing party does not want to or fails to contest any issues. However, if you both agree on all issues, then you may be able to file a dissolution instead... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is there anything I as mother file for my daughter's dad to have visitation?

he has always seen her now on a typical visitation schedule with extra parenting time. We've never been to court but everytime we have plans so I say no to extra time (which is not alot) he threatens to file and never does

Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 7, 2022

If you are unmarried, and there is not custody or visitation order, then fathers in Ohio have no right to parenting time. You do not have to file anything. If he wants parenting time he must petition the court.

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