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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Legal Malpractice for Ohio on
Q: Can a custody lawyer sign his clients name on legal court documents?

Can a lawyer sign a sworn affidavit for a client?

I got emergency custody paperwork from the court and they sent two sets of papers. Well I got to looking at my ex’s signature on the paperwork and there is two signatures one is 100% not hers. It looks like her lawyer tried to copy her... View More

Nicholas P. Weiss
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answered on May 2, 2024

Answer to your immediate question: No.

Answer to your unasked question; do not make this a thing. She is going to say that is her signature and there is not going to be anything you can do about it because notarization is there to protect the signor. Respond to the emergency custody...
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I need help trying to get visitation for my 2 daughters, I don’t have a lot of money, and I’m trying to get help
Nicholas P. Weiss
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answered on May 2, 2024

Visitation and parenting time is a pretty low bar to clear. Unless you have serious background issues (drug addiction, violent crime, child endangerment) you have a good chance of getting temporary parenting time and a parenting plan in place even without counsel. Portage juvenile court has some... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
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2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

James L. Arrasmith
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answered on Apr 16, 2024

No, sharing your Facebook login information with your son does not give your ex-wife permission to access your personal Messenger account. Logging into someone else's account without their explicit consent is a violation of privacy and may be illegal, depending on the laws in your... View More

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2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: If a 14 yr d wants to go live with one parent over another parent during a dissolution. Can that parent get full custody
Raquel Ann Parish
Raquel Ann Parish
answered on Apr 2, 2024

Parties to a dissolution in Ohio must agree on all aspects of the dissolution or they cannot file for dissolution. When children are involved the parties must agree on custody, parenting time, child support and any other relevant issue concerning the children to have a dissolution. When parties are... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Can i move states with my child without the fathers permission?

My childs father does not have sole custody and he does have to pay child support. There is no custody or visitation order through court but i do let him see his son on the weekends if hes not busy so its not a guaranteed every weekend. He is on the birth certificate so he is the established... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

If there truly is no custody order, parenting plan or visitation order on the record, and assuming you and father were never married, you may move. He has the right to file a motion to establish his rights however. You would be best served by investing in an attorney in the county in which you... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: My wife had multiple allegations of drug abuse cop showed up CPS showed up we didn't answer the door got their card

Called them back they said an appointment else for the community take a drug test we went in took a mouth swab we told him THC would be the only thing and that the allegations will be over with now they're telling me they want to talk to my kids and see my home the allegations were made were... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

They cannot compel you or your kids to talk with them. The risk you run is that they will construe everything that occurs from that point afterwards with an eye towards your being uncooperative. It will not stop them from having increased scrutiny upon you, and talking to everyone you know and all... View More

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: I want shared custody of my daughter but her mother won't do mediation. What can I do next?

I got to see my daughter twice for 3 hours in a year. We tried mediation and her mother didn't want to continue it. The magistrate said my options were to go to trial or get a lawyer? I'm not sure what each mean and what to do. I have another court date on April 23 at 1 pm.

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

Mediation is merely voluntary negotiations. This means that if the parties don't agree, as is your case the matter must be decided by the court. Courts decide matters by holding trials. If you truly want shared custody you need to invest in hiring a lawyer to represent you in court. Look... View More

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
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answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: In the state of Ohio can your friends parents kick your friend out when 18 and still in high school(current junior)?
Todd B. Kotler
Todd B. Kotler
answered on Feb 26, 2024

Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My ex girlfriend just gave birth to a baby that she says is mine, but there are actually questions around the paternity.

How do I go about getting a DNA test? She is obstructing and being difficult at every opportunity, vowing not to ever let me near the baby out of nothing more than spite. I can't afford to retain a lawyer.

James L. Arrasmith
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answered on Feb 25, 2024

I would suggest taking a few steps to establish paternity:

1. Seek legal counsel. A family law attorney can advise you on your rights and the process for establishing paternity in your state. They can help you file a motion with the court to compel a DNA test if the mother is uncooperative....
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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: My neighbor has a situation. She has her children living with her but her ex husband still has an order for child

Support that she needs to have changed in the court system. She can't afford a lawyer and I don't think our area legal aid handles these cases anymore. Any advice or help for her appreciated.

Todd B. Kotler
Todd B. Kotler
answered on Feb 25, 2024

She and the ex need to file a joint entry (with the judge's signature) modifying the parenting plan to reflect this new situation. Once that is in place she needs to contact CSEA and provide a certified copy of the filed entry to them requesting the modification of the support award.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: reaching for some legal help

Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: I'm seaching information on filing for divorce involving domestic violence and husband on trial. I'm 7 months pregnant.

I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2024

That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: I have temp custody of my step children the mother has missed a lot of court ordered supervised visits is that abandoned

I am the stepmother who has temporary custody and the children. The mother has messed a year and a half of visits with one child, and eight months of visits with the other, trying to figure out if that’s considered abandonment.

T. Augustus Claus
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answered on Jan 30, 2024

In Ohio, the situation you describe may potentially be considered as a form of abandonment, particularly given the significant amount of time the biological mother has missed court-ordered supervised visits. Abandonment in child custody cases often refers to a parent's failure to maintain... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: I am raising my grandchild,I have custody, dad's been in prison 95% of his life ,I want to move to Florida,from Ohio

Mother's moving with me, grandmother on father's side has grandparents rights too ,does she lose her rights ,child 8

Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

I would frame the question like this; should a child lose their right to have a meaningful relationship with the grandparents simply because their guardian is moving? You will need to have an attorney review the full order granting you custody. Often, when another grandparent has been formally... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Our parenting time schedule (ages 2-13) states pick up time is 4pm* with the asterisk being defined as 4pm if there is

no school, if there is school then pick up time shall be after school*. The child in question is 4 years old. This school is also a daycare which is what the child attends at the time. Father is stating that means that since he is not in school, it is daycare, that pick up is 4pm everyday. I read... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

I would not interpret "daycare" as "school." Daycares typically provide child care services so that a parent can drop a child off somewhere relatively safe while the parent goes to work. Schools typically provide an educational curriculum in accordance with specific legal... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I have shared parenting can the mother of my child take my child phone from her every time mother is at boyfriend house

In the state of Ohio

James L. Arrasmith
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answered on Jan 18, 2024

In shared parenting situations, the rules regarding a child's possessions, like a phone, often depend on the specific custody agreement and parenting plan. It's important to review your custody agreement to understand if there are any guidelines or rules about personal items and... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: My boyfriend turns 16 in two months and wants to move out once he is 16. (Ohio)

My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 15, 2024

The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More

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