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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Ohio on
Q: if my dad makes me feel unsafe and puts me down. Can my mom get fully custody of me. I am 16
Joseph Jaap
Joseph Jaap answered on May 18, 2020

Your mother would have to file with the court, and the court would have to decide. Talk to her about it.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: I am 15 years old and want to move out due to many unsafe events. How can i get emancipated or legally move out?
Joseph Jaap
Joseph Jaap answered on May 18, 2020

Ohio does not have emancipation for your situation. So you can't move out. Check this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

It is normal for teens not to like...
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1 Answer | Asked in Family Law, Divorce and Child Custody for Ohio on
Q: Do i have a right to choose between visiting my father for the summer or staying with my mother.

So I'm 15 years old and my parents ARE divorced. So every summer i went to see my dad. My father lived farther away due to the military. When i was 13 my mom decided to let me live at my dad and stepmoms house. I lived there for about a year before me and step mother just clearly didn't... Read more »

Joseph Jaap
Joseph Jaap answered on May 14, 2020

Your mother and father must follow the court ordered visitation schedule. If they deviate from it, the court could hold one or the other in contempt. But either of them can file with the court asking to change the visitation schedule, so talk to them about doing that. The court would also listen... Read more »

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: my son is 5 his mom is seeking back child support but was denying me from seeing him until i got v.r do i have to pay ?

I have message dated back from when i was trying to reach out and be in my son life but she wasn’t allowing me too i didn’t have any contact with unless she called me which was blocked and out the blue she totally cut me away from him I’m paying child support now but I’m currently in court... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 14, 2020

Child support and child custody are separate matters. You cannot withhold support if you are not seeing the child, and you cannot withhold the child if you are not receiving support. If there is a violation of either support or child custody, the correct procedure is to file a motion to show cause.... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If I’m on probation and just turned 18 can I move out of my parents house?
Joseph Jaap
Joseph Jaap answered on May 11, 2020

Talk to your probation officer about it.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: my parents are divorced. i caught my dad watching me change but i have no evidence of it. can my mom take full custody?

i’m 17 and don’t feel comfortable going back to my dads but my moms not sure there’s anything she can do about it

Joseph Jaap
Joseph Jaap answered on May 7, 2020

Courts make changes to custody, so your mother should talk to an attorney about filing with the court for a change. The court will want to know the reason for the change. She can use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Child Custody for Ohio on
Q: If your 18 and still in high school does that mean your Guardian has custody and can stop you from moving out

My son Nathaniel who is 18 just proposed to his girlfriend Jenna who is also 18 they live with her grandparents who have custody of Jenna they're telling Jenna that they have custody of her until she has graduated and they can stop her from moving out. Is this true.

Matthew Williams
Matthew Williams answered on May 5, 2020

Generally, an 18 year old can do what he or she wants. But there may be a court order in place since it’s a guardianship. The terms of the order would need to be examined.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: How do I go from third party custody to adoption?

I have a child that was removed from her home 14 months ago. She has lived with me since. I currently have temporary custody, and the state filed for LC. The next hearing is July.

Cps is not filing for tpr because they do not have custody, only I do. Mother neglected child, has made... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 5, 2020

Adoption will be filed through the probate court in Clark county. You will have to get an attorney (required by the local court) and prove what you need to under R.C 3107.07.

You will need to allege and prove the following: The parent has failed without justifiable cause to provide more...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: i am turning 16 at the end of this month and want to get emancipated because i live in a toxic environment what do i do?

i want to get a job to move out but my mom won’t let me she made me sign up for disability instead so she can get more money each month. i need out but i don’t want to end up in foster care for trying to get out of the situation , what are my options? my whole life i’ve been homeless off and... Read more »

Joseph Jaap
Joseph Jaap answered on May 5, 2020

Ohio does not permit emancipation for your situation. See this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

Anyone under 18 is a minor, and cannot enter legally enforceable...
Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What, if anything, changes about visitation during this stay at home order?

My ex husband and I have a court order where he gets visits with the kids every other weekend. He had not seen the kids since sept 14th 2019 of his own accord. He even moved to PA a few months back without telling me until very recently and without updating his address with the courts. Our kids are... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 22, 2020

If you refuse, he could file with the court to have you held in contempt. You would then explain your reasons to the judge, and the judge would decide if what you did was in the best interest of the children. There is no way to predict how judges will deal with all the problems caused by the... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: at what age is a minor legally able to be emancipated?

we have custody of my step daughter age 12. she has lived with us for 2 years and visited mom every other weekend plus half of school breaks. her mom who lives in indiana keeps telling her she can be emancipated at age 15. daughter has ODD, anger issues and anxiety. what do you say about what her... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

Ohio does not allow for minor emancipation. Indiana has no minimum age for emancipation, so she can file whenever she likes in Indiana. Whether she will get it is another thing.

1 Answer | Asked in Child Custody for Ohio on
Q: I gained custody of my daughter but owe arrearages because of making direct payments can I now get a child support order

Mother won't disclose payments to judge

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 21, 2020

If you have custody then yes, you can obtain a child support order for payments. This doesn't help you with your arrearages, though, as payments made directly to the obligee instead of through CSEA are considered gifts. You could ask for the arrearage to be waived based on the direct payments,... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: My husband and his sons mother are having a custody battle since feb.

Feb. First seen something was up just by how she was acting and then she got pulled over for having a bunch of drugs a scale and even counterfeit money. I didn't think she was doing this bad but we ordered a drug test and she failed with crack cocaine weed and meth. Also our court date was... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 20, 2020

Your husband should retain a local family law attorney to represent him in the custody proceedings. If your husband does not allow the child's mother to have parenting time, then she could file to have your husband held in contempt. He would then explain to the judge that because of her drug... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I have a 13 year old who is pregnant an I want to find out if I the grandma can get custody of the baby dad is only 14 ?
Joseph Jaap
Joseph Jaap answered on Apr 19, 2020

Talk to your local children's services office about it. They will want to know more details of your situation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: If the mother of my child signed over her rights to a relative before I knew I was the father what are my rights?

Paternity has been established

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

You can petition the court for an allocation of parental rights and responsibilities and, so long as paternity really has been established (via court approved genetic testing, or an affidavit of paternity, not a random genetic test) and unless the current custodian can prove that you are an unfit... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: If the mother of my child signed over her rights before I even knew I was the father what are my rights i am in Ohio

I want to get visitation and maybe custody

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 17, 2020

Who did she sign over her rights to? It's not clear from your question. You will need to start by establishing paternity. The easy way to do this is by having both you and the mother sign an affidavit of paternity and file it with your local jobs and family services office. You will then need... Read more »

2 Answers | Asked in Divorce, Child Custody and Juvenile Law for Ohio on
Q: Can I get emancipated at 16? Is there any possible way?
Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2020

Sorry, but we don’t have this in Ohio. If you are trying to get out of your parents’ home, the only way is to be removed by the state due to abuse or neglect.

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2 Answers | Asked in Child Custody, Divorce, Family Law and Tax Law for Ohio on
Q: I have sole Custody of my 6 children. Ex has limited visitation due to DV.

Per our divorce order he is able to claim 3 kids for taxes. What happens to the kids stimulus checks? They solely live with me and I provide all support.

Amy Turos
Amy Turos answered on Apr 14, 2020

This is such a new issue that the Courts are trying to figure this issue out right now. It really depends if he is behind on child support. If he claimed the 3 kids this year he may get the money. If I were you I would file a motion with the Court requesting allocation of the stimulus money if he... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Ohio on
Q: Can I move out at 16?

i’m 16, turning 17 november 4th and i live with my mother. my parents were never married and are separated and both on drugs. i was wondering if 1) i could look into getting social security for my clinical ( not self diagnosed) depression, anxiety, adhd and mood disorder so that i could have a... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 13, 2020

Ohio does not allow emancipation for your situation. Minors are not allowed to live on their own. If your parents were never married, and your father never obtained parental rights from the court, then your mother has sole legal custody. Talk to a family member, teacher, or other trusted adult,... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I am the sole residential and legal custodian of our 2 children. My ex-husband has not returned our children.

My ex-husband has picked up our children for spring break and was to return our children back to me on 3.29.20. I drove to Chicago on 3.31.20 where he claims to reside to attempt retrieval because he claimed he couldn't drive due to surgery the week of 3.23.20 - 3.29.20. I had police escorts... Read more »

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

Your only remedy here is to file for a motion to show cause. I would also file a motion to modify parenting time if he is fundamentally violating the current order to prohibit him from pulling this again. The court likely won't be able to rule on it for a while, but the threat of attorney fees... Read more »

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