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Ohio Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Social Security for Ohio on
Q: Is it illegal for my ex wife to keep my childrens social security numbers away from me if I'm supposed to claim one
Joseph Jaap
Joseph Jaap answered on Feb 18, 2020

Check your prior tax returns, which will list the children's SSN. You can get copies of prior returns from the IRS. If the divorce decree and separation agreement specified that you could claim as a dependent, and she doesn't provide the SSN, then you could file with the court to order her to... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Does an unwed father in Ohio who has been in prison still have parental rights?

Father and mother have never been married and he is now threatening to file for custody.

Anthony C. Satariano
Anthony C. Satariano answered on Feb 10, 2020

In Ohio, unwed mothers are deemed to have all of the custody rights until paternity of the father is proven and a court rules on parental rights. Going to prison, alone, does not terminate someone's ability to pursue custody of a child.

I highly suggest you speak with a custody attorney to...
Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Do you have to file for your rights in the county the mother lives in
Joseph Jaap
Joseph Jaap answered on Feb 4, 2020

Wherever the child is residing. But if they have recently moved there, perhaps where they were living before. Use the Find a Lawyer tab to retain a local family law attorney to review the circumstances and advise you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: I pay child support and my daughters mom up and left to florida . my daughter was born in ohio. What can i do?

She refuses to let me contact her overall but its been a year in a half that shes been gone. My daughter is now 7 how can i get my rights for visitation without having to go to florida

Anthony C. Satariano
Anthony C. Satariano answered on Jan 28, 2020

To get visitation or parental rights related to your daughter, it will depend on how your child support obligation was created. If she went through CSEA directly to get a child support obligation set up (i.e. the administrative process, not in a court), then unfortunately you will almost certainly... Read more »

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: Ive been seperated for 11 years..our 14 year old dauggter has lived with him the last 4 years..she wants to come home

She wants to come home but shes afraid of her dad and his girlfriend

Joseph Jaap
Joseph Jaap answered on Jan 27, 2020

If you are still married, and there is no court order for custody, then she can live with either parent. But if she comes to live with you, her father can file for divorce and ask for custody. You can oppose that in court. The court might consider daughter's preference since she is 14, but the... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: If the baby is born in Ohio, how soon can I start the court process to fight for full custody after she is born?

I have a baby on the way, she will be born within the next month. However, I see the mother as unfit to raise a child. I want to fight for full custody of my child when she is born. Is the other parent allowed to leave to another state (with the child) while a custody battle is in process? What is... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 23, 2020

The custody process should start with you consulting a family law attorney. After the child is born, you would have to prove paternity, then file for custody with the court. The court would decide what is in the best interest of the child based on evidence and testimony properly submitted to the... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I was living with my son mom for the frist 6 month of his life then she told me to leave. I have no vistion set up.

Then she told me to leve

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

If you are not married to the mother, and if you have not established paternity, and if a court has not granted you parental rights, then the mother has sole legal custody and gets to decide who can spend time with the child, and she can prevent you and anyone else from seeing the child. You can... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: If a person has custody of a child through the courts and allowed the biological mother to raise her son or daughter

The biological parent can show shot and school records which the person that has custody can not. Can the biological parent get the child back?

Joseph Jaap
Joseph Jaap answered on Jan 16, 2020

That decision is up to the court based on all the evidence that the biological parent presents, what the person says, and what the court thinks is in the child's best interest. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you how to proceed.

1 Answer | Asked in Child Custody for Ohio on
Q: The courts gave my cousin full custody of my son and she allowed me to raise him myself since he was 2 he is now 12.

I have school, shot records and tax information that shows I’ve been taking care of my son. Can I get custody back again?

Joseph Jaap
Joseph Jaap answered on Jan 16, 2020

That decision is up to the court based on all the evidence that you present, what your cousin says, and what the court thinks is in the child's best interest. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you how to proceed.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: Mother has been listed as abandonment my husband and I want to get full custody which is currently with grandmother

Husband wants to file for full custody of 10 year old son. His biological mother abandoned him almost 7 years ago and paternal grandmother took custody because father was not financially stable at the time. Need to figure out first steps in getting custody back from grandmother when the mother is... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Jan 13, 2020

In Ohio, typically the court that first decides custody rights of a child retains jurisdiction to decide custody matters involving that child going forward. That means, whatever court granted the grandmother custody is likely the court anything you wish to do will need to be filed in. In Ohio,... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Would it make sense to file a motion for the biological father to surrender his rights?

Father took me to court for custody because I filed for child support in feb of 2018. He acted as if he really wanted a relationship with our child and wanted time etc. as soon as we went to trial in June of 2019 he got the child for two weeks for summer time schedule and failed to do so on his... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 3, 2020

He can't surrender his parental rights unless you get married and your spouse adopts the child, but you could file with the court to change the current parenting schedule, because if it is not being followed, he could claim that you are refusing to let him have time with the child and ask the court... Read more »

1 Answer | Asked in Tax Law and Child Custody for Ohio on
Q: I was divorced in 2009 in ohio. I'm my decree it states I claim my 3 minor children each and every year even though she

Is residential parent. She has claimed them every year. My question is even though I owe back support is she legally allowed to claim them or shall I claim them and her receive my return? Is she in contempt? The IRS audited me for claiming my children. Is there a statue for this and what is it?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 2, 2020

If you're not current on support she can claim them. The IRS rules and your domestic orders will not be the same.

If you come current and she still refuses to sign the proper documents to allow you to claim the dependents. Your relief is to file a contempt action in domestic court....
Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Everything is going in his favor because he joined the military during the battle for custody. What do I do to help her

Separated last year and father joined The Army. I was given custody of phoebe my 1 and 11month daughter. He was granted visitation till he left for military training. After that he was given long distance visitation with over nights that the courts think is in the best interest of our child. He has... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 31, 2019

Only the court can make changes to the situation. Use the Find a Lawyer tab to retain a local family law attorney who can review the situation and advise you of your options.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Does the father of my two kids have the final say if we arent together (never married) but we live together or mother?

He goes over me in the decision making department. Mind you we are living seperate lives and he thinks he has the final say about anything that has to do with our kids and i told him that is not true. What can I do? Also we have been living together for 14 years and it's been nothing but toxic and... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 30, 2019

If the mother is not married to the father, then the mother has sole custody and makes all decisions regarding the children, including who can see them or not, and all decisions about school, medical, etc. Mother can prohibit all contact with father. Father has no rights until he establishes... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: Can the biological dad of my child rights be termintated so my husband can adopt child

Biological father hasnt seen or spoken to my child in years and hasnt tried or showed any interest in doing so can his rights be termintated so my husband can adopt my child . My child also has stated they dont want to see there biological father again or speak to biological father ever again. And... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 23, 2019

Yes. Use the Find a Lawyer tab to retain a local attorney who does adoption.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Custodial parent does not have the kids often could that result in decrease child support and/or custody?

Ex and I broke up (never married) and I moved out of county to get away from him and I live with my new partner and refused to move back. We have "shared parenting" I get my 3 kids every other weekend and every other week during summer and special occasions and he got school placement. He took me... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 20, 2019

All of those issues are relevant when filing with the court seeking to modify child support and/or custody. Use the Find a Lawyer tab to retain a local family law attorney to advise you.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: How do can my husband legally adopt my daughter without her biological fathers permission?
Joseph Jaap
Joseph Jaap answered on Dec 17, 2019

It is possible, but it depends on all the facts. Use the Find a Lawyer tab to retain a local attorney who handles adoptions who can review the situation and advise you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I want to know what is necessary and expected to get joint custody of my child. Im his father. We've never been married.

I was there for the whole birth. I signed the birth certificate and affidavit.

Joseph Jaap
Joseph Jaap answered on Dec 17, 2019

If you are not married, then the mother has sole custody and can exclude you from contact with the child. You must file with the court to request parental rights. You then will have to start paying child support. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Child Custody for Ohio on
Q: ohio if your 17 and pregnant, father is 18, signs birth certificate, can he keep the child since he is legal age
Joseph Jaap
Joseph Jaap answered on Dec 6, 2019

If the parents are not married, the mother is the sole legal custodian of the child. The father must establish paternity and then file with the court for parental rights. The court then will decide custody issues based on what is in the best interest of the child.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Will I get my daughter christmas eve

He has her bc it is his week. But last year he kept her christmas eve and got to wake up with her. Are paper work says that we rotate every year.. he says that I shouldn't get her christmas eve ??? Is this true

Joseph Jaap
Joseph Jaap answered on Dec 3, 2019

The paperwork should specifically state the dates and times for the holidays. If not in the paperwork, your local court might have standard specific guidelines for holidays that have been incorporated into the paperwork. If you can't work it out with him, then use the Find a Lawyer tab to retain... Read more »

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