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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Ohio on
Q: What can be done when a father IS threatening taking a child when rights havent been established and mother has custody

Father filed for custody in 2015 and never appeared to finalization hearing so case was dismissed but is now threatening to appear at mothers house with police presence To take child out of home and mother has full custody.

Joseph Jaap
Joseph Jaap answered on Aug 13, 2020

It is an empty threat. If he cannot provide the police with any custody order, they are not going to do anything. Call your local police ahead of time, explain the situation, and tell them to be alert for him making any false claims to them. If he makes any threats of physical harm or causes an... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Will subpoenaing my 10 year old daughter's upset the magistrate and hurt my chances?

I have court on the 27th and my last resort is to put my daughter's on the stand to tell their side of the story and how they are treated. Even after proving domestic violence in the home the magistrate still would not grant me temporary custody. they should have never been removed from my... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

If this is a child custody matter then your daughter cannot testify. Instead, you should seek to have the court conduct an in camera interview with the child. The judge will speak with the child and the GAL alone and ask about how she is treated. Her testimony will not be allowed in open court.

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: Im turning 16 in a few months , ive been struggling with depression and anxiety and child neglect

is it possible for me to get emancipated or move in with a different family member who is more supportive? If my parents agree to emancipation will i be able to get an apartment?

Joseph Jaap
Joseph Jaap answered on Aug 12, 2020

No, Ohio does not permit emancipation except in very rare instances. Teens often have a difficult relationship with their parents. Talk to a family member, teacher, school counselor, or other trusted adult who can help you. Here is more information about the very limited circumstances for... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Can a 10 year old be subpoenaed to testify in custody case?
Matthew Williams
Matthew Williams answered on Aug 9, 2020

Yes, children can be subpoenaed though it’s quite rare.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My grand daughter is in my care in Ohio. The State of Kentucky has custody of her. I've had my grand daughter in my

care for 4 months and I haven't asked for a penny. But the State of KY is still receiving $ every month and my husband and I are the ones who are providing for her. We will have permanent custody in 2 months which means I would have her for 6 months. Is it illegal for the County to keep... Read more »

Matthew Williams
Matthew Williams answered on Aug 8, 2020

It’s up to the court to rule on motions to continue hearings. The county can only ask. As long as the court keeps granting them, it’s legal. You could start to object and perhaps the court will see fit to put a stop to the delays.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: What are my options to get away from home before 18, I'll be 17 soon. Can I possibly get my own place?

I'm 17 in 2 months. Neither of my parents want me at their house but are keeping me out of obligation. My mom recently threatened to send me to boot camp. I don't do everything perfect and I do mess up a lot. But all of my major accomplishments, I did it by myself and I know I would be... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

Your parents have a legal obligation to support you until you are 18. Ohio does not allow emancipation for your situation. Teens and parents often find it difficult to live together. So talk to your parents, a teacher, coach, school counselor, pastor, or other trusted adult who can review your... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: How can I gain custody of my granddaughters aged 15 and 17 from their abusive father.

Their father was only in the picture when it was convenient for him. I helped raise, care for, and provide for them since their birth and was with them pretty much everyday. When their Mother passed on January 6, 2018, they went to live with their dad and he has cut off almost all contact with... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 3, 2020

You may file a petition for custody in your county's juvenile court. You have a lot of the deck stacked against you for this. You have to first prove that the father is an unsuitable parent, a high burden, and then prove that custody for you is in the best interest of the minor children. Most... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I’m a 16 and living in Ohio. My dad is verbally abusive. Can I go to my moms without his consent?

My dad is verbally abusive to me and often time I want to go to my moms house. Am I allowed to go over there without his consent if I do not feel comfortable being with him anymore?

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

If there is a court order for custody or parenting, then you must follow the court order. Talk to your mother about asking the court to change it. If there is no court order, and your parents are married, then it is up to your parents to decide. If there is no court order, and your parents are... Read more »

1 Answer | Asked in Child Custody, Child Support, Employment Law and Family Law for Ohio on
Q: Is it likely possible my kids father who spends 1/2 a day a week at most with them to get shared time to avoid support?

We have been together off and on over 10 years. I’ve always took care of them and had them with me. He rarely ever spends time with them due to running a buisness and constantly working. No paternity test established other than store bought. He’s not on the birth certificates. I’ve been... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 24, 2020

A court will review all the facts to determine what parenting arrangement is in the best interest of the children. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I need to file a motion with the court to make a change to my shared parenting plan.

I am starting a full-time nursing program August 12th 2020 through July 1st 2021 and I will not be able to get my daughter on my Wednesday evening visit so my mother was going to take my daughter for those few hours. Now my ex husband is saying he will not allow my mother to take her and that she... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 23, 2020

Check your local court web site for the form to file a motion, and whether your court has a legal clinic to assist you, or use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: Can I get visitation rights or adopt my girlfriends child?

We have been dating for 5 years (not married). So I’ve been in the child’s life the whole time. The father spent the weekend with the child 5 years ago then went MIA until child support was filed against him last year. This year he was granted visitation rights without even establishing a... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 17, 2020

You cannot get visitation rights. And you cannot adopt unless you marry the mother, and the father might object to that. Use the Find a Lawyer tab to consult a local attorney who handles adoptions.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Could a father file for full custody and keep the child from the residential parent's home if the mother tells the

[question continued] father she thinking about moving in over a decade?

Hi, I'm in a bit of a conundrum. I told the father that I was thinking about moving but it was going to take time. I told him it'd take over a decade to do this. The child in question is 9 right now and is... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 17, 2020

Nothing prevents a parent from filing to change the custody arrangement at any time. The judge then considers all the circumstances and what is in the best interest of the child. Use the Find a Lawyer tab to consult a local family law attorney to review your situation and give you more... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: I'd like to adopt my step son. My husband has full custody I've been in his life since he was a yr old hes now almost 8

His biological mother didnt visit him at all in 2019 and has only called and seen him once in 2020 back in march haven't heard from her again. This is very typically of her and it's tough on our son! Am I able to just adopt him since she has very little to no contact with him? How would I... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 16, 2020

You can file with the probate court to adopt. The mother will be notified and she could object. If she has not been ordered to pay child support, then your husband could file to make her start paying. If you adopt, then her child support obligation would terminate. Use the Find a Lawyer tab to... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My sister an I are trying to leave an abusive household. But she is 14, how can I gain custody of her I'm 20.

We've called the cops in the past and they didn't help in anyway. My family member is threatening to get us beaten up. We want to leave but we are afraid she will get in trouble for being a runaway. Is there anyway I can gain custody of her even though I'm a full time college student?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

You could make a report to child protective services, or alternatively move for guardianship of your sister. You would have to establish in the guardianship proceedings that the parents are unsuitable to care for your sister. This is a high bar, but one that can be helped with a competant... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Well I attempted to divorce my wife and the bias magistrate dismissed my case without prejudice for failure 2 prosecute

How do I now go about filing for custody of my children ..even though she will contest that

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

You likely failed to get service on her. You need to actually have her served with the refiled complaint. Request service through the clerk of courts via certified mail, and follow up with regular mail if that fails.

1 Answer | Asked in Child Custody for Ohio on
Q: My husband lost custody of his kids the mother of the children spit in his sons mouth she also has bed bugs and allows

People to get high in her house the gal and the megatrate allowed her custody my husband felt pressured into agreeing with everything because he was alone with 7 people against him if he files an appeal would it be appoved

Joseph Jaap
Joseph Jaap answered on Jul 9, 2020

There is no way to predict what a court might do. It depends on all the facts. He should use the Find a Lawyer tab to retain a local attorney to review all the facts and advise him.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: After tpo ended for domest violen he is living somewhere else He didn’t want to make Mortg payments only money for cHild

He has domestic violence charges and left our house 6 months ago, no mortgage payments from him he said that since he is not living here he is not obligated to make payments. He only deposits money for our son. We agree to dissolve the marriage but we don’t agree on the child support amount... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2020

You can't dissolve the marriage unless both parties agree on all details. He doesn't agree, so file for divorce and ask for occupancy of the premises, temporary spousal support to pay household expenses, and child support. Use the Find a Lawyer tab to retain a local divorce attorney to... Read more »

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1 Answer | Asked in Child Custody for Ohio on
Q: Does permanent custody terminate all parental rights, including visitation?

I have temporary custody of my nieces. Both parents have significant developmental disabilities which led to CPS removal due to neglect, nutritional and developmental deficiencies. They did not have visitations for 3 months due to COVID and the children made significant progress; physically,... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 7, 2020

It is up to the judge to determine custody and visitation in the best interests of the children. The judge has flexibility to make a decision based on all the facts. Custodians or parents can later apply for further changes as the situation changes and the children get older.

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: I want my finacè to become my daughters legal father. Bio dad is not involved, help please!

I want my finacè to adopt my daughter and become her legal father. Her father never signed her birth certificate only took a dna test for child support. He may be willing to sign his rights over to my finacè if it is needed. Does he even have any rights to sign over? Do we need to be married? I... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 6, 2020

You and fiancé must marry for him to be able to adopt, and bio father might try to object. Use the Find a Lawyer tab to retain a local attorney to assist.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: my boyfriend and his ex have a son together. he is now 15 months old and i have been with him his entire life. help

i have been in his life and primarily the one taking care of him when it is his shared parenting time. my boyfriend and i broke up. the mother wants to sign her rights over to me but still wants the father to have his rights. is this possible?

Joseph Jaap
Joseph Jaap answered on Jul 2, 2020

Yes, the father retains his parental rights.

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