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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Ohio on
Q: Cps has not informed me of a removal hearing happening Monday morning. My ex husband informed me. Cps will not respond

I have tried contacting my social worker for 3 days now via phone and email no response. The meeting is via zoom but it’s appearing she is keeping me in the dark about it. What rights do I have ? I am the mother.

Matthew Williams
Matthew Williams answered on Mar 5, 2021

Who are you in all this? At first it sounds like you have a removal hearing, but then it sounds like your child does. If it's the child, is he or she a minor?

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I have shared custody of my daughter me an the mom agreed each year we will file my daughter as a dependent.

With the stimulus payment she feel she is guaranteed all of it. I agreed on half. What should happen next

Matthew Williams
Matthew Williams answered on Mar 5, 2021

You two should work this out like adults. That's what should happen next. It's not nearly enough money to get the lawyers involved.

1 Answer | Asked in Child Custody and Juvenile Law for Ohio on
Q: I wasn’t able to sign my daughter’s birth certificate now her mother new boyfriend is wanting to adopt her.

I haven’t been able to see her because the mother refuses to let me come to their house or to meet me. She won’t let any of my family see her. Her Son is not her boyfriend either but he has boyfriends last name and he can’t have children. How is this legal for her to do?

Joseph Jaap
Joseph Jaap answered on Mar 5, 2021

If the mother is not married, then she is the sole legal custodian of the child, and decides who can or can't have time with the child. It does not matter whose name is on the birth certificate. The biological father would have to prove paternity, then file with the juvenile court for... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What are a father's legal rights to kids without custody agreement? Is a mother required to let his take the children?

He signed an affidavit of paternity at birth. There is no custody order in place. He moved out. He wants to take them to a place I feel is unsafe.

Joseph Jaap
Joseph Jaap answered on Mar 4, 2021

If the parents are not married, and a court has never granted the father any parental rights, then the mother is the sole legal custodian of the children and makes all decisions about the children. She does not have to let the father have any contact with the children. But the biological father... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I had a dissolution in 2017. We agreed to no child support for either of us. Can she take me back to court for support?

We agreed in our dissolution, to no child support. She came to me shortly after that, and demanded I paid her. So I have been paying support, since then, though I was not ordered by any court to do so, so she wouldn’t move my child a long distance from me. Now she has brought up going through the... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 4, 2021

Yes, she can file to have a child support order issued. Even after a marriage terminates, the court retains jurisdiction to review child support issues until the child is 18 or graduates high school. Ohio uses a calculation worksheet. Here is a link where you can enter amounts and get a... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: children services case got closed but I signed temporary custody over to my brother can i get my son back in court?
Matthew Williams
Matthew Williams answered on Mar 3, 2021

You can file for legal custody and attempt to convince the court it is now appropriate to have your son back.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Ohio on
Q: My son is 15. I'm wanting a 50/50 agreement. Do I need to file a motion to modify custody, or just visitation?

We currently have a shared parenting agreement. I have him twice a week after school until 8 and every other weekend. We split all holidays and breaks from school. But the magistrate said she still considers it basically standard visitation, and the mother the primary guardian or custodial parent,... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 2, 2021

Yes, you should file to modify parenting time. It would be best to have an attorney assist you in how best to present your arguments. You will probably want to ask the magistrate or judge to interview him on what time he’d like with you.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: I would like advice before going to child support court. My son's father was jailed for domestic violence on me

Will I need to be prepared to be questioned about this in court?

Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

Be prepared to discuss it if it comes up. Talk to your attorney, or use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

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1 Answer | Asked in Child Custody and Education Law for Ohio on
Q: local public school says I need to have custody of my daughter to sign her up for school

I am attempting to sign my daughter up for kindergarten in our local public school. Her mother recently passed away this year. I am on the birth certificate and we'd have lived together for around 7 years and before our daughter was born. I provide all health insurance, claim her on taxes, and... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

If you were not married to the mother, then the mother had sole legal custody and parental rights. Those parental rights did not automatically transfer to you when she died. It often is not sufficient that your name is on the birth certificate, as you found with the school. If a court has not... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I'm 17 years old I got the mind of 21 year old I want to move out and better my life cuz my mom treats me like I'm in

A prison can I get emancipated to live on my own a give my self a better life

Cathy Cook Esq
Cathy Cook Esq answered on Feb 21, 2021

Sorry, but we don't have such emancipation in Ohio. If she is physically abusive, you can call 241-Kids for assistance.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: I’ve been adopted for 8yrs can I get emancipated in the state of Ohio at 15 to live in California with other family?

I have 2 brothers who got adopted with me. My older brother moved out right at 18. My other brother is 10 and he’s pretty spoiled here. I want to live with my dad because it was a wrongful adoption. My mom had drugs in the house and my mom and dad weren’t even together. We were going to go live... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 19, 2021

Ohio does not have emancipation for your situation. Here is a link with more information. https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

Talk to a school counselor or other trusted adult...
Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I lost my kids around halloween. I have been seeking help for my drug addiction since june. I need to know my rights

I have not taken this time to do what i need to do like go to treatment or get clean. I need to and i have every intention. But im not able to see children

Cathy Cook Esq
Cathy Cook Esq answered on Feb 17, 2021

You should be able to get supervised time with your children. See if you can obtain a public defender to file a motion for you. You need to make treatment your number 1 priority.

1 Answer | Asked in Child Custody for Ohio on
Q: Ex & I share 50/50 custody & have the 2-2-5-5 schedule. My husband & I received job offers in Florida. Can I move?

I want to take my girls with me. Their 2 siblings my husband & I share will be with me too.

Joseph Jaap
Joseph Jaap answered on Feb 17, 2021

If there is a court-ordered parenting plan in effect, then you must notify the court of your intent to move, and the other parent can request a hearing. The judge will then decide what is in the best interest of the children. If you move without court approval, the court could order you to return... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: What does this actually mean? Details in the more information part. We are the residential parent.

The non-residential parent shall have the opportunity to have the child(ren) for five weeks during the summer vacation schedule which may be exercised in two blocks of no more than three weeks separated by at least 14 days. During summer vacation there will be reciprocal weekends and mid-week... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 17, 2021

Parenting time schedules can be complicated, and sometimes that makes it difficult to write them out to be understandable. The non-res parent gets a total of 5 weeks of vacation in summer, but can't be longer than 3 weeks at once, and there must be at least 14 days in between vacation time.... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: How do i respond to my hired lawyer about a refund or retainer fee refund after she has withdrew early in my case?

She withdrew via email 2 weeks ago and i have yet to respond. She included in the email she would contact me about a refund if any at all.. I have not received any update on my refund nor have i received an invoice

Matthew Williams
Matthew Williams answered on Feb 12, 2021

Call her up and ask about it. She has to provide you with information about the time she put in and expenses. Depending on how much work she put into the case, you may or may not be entitled to a refund.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Ohio on
Q: The father of my daughters child has held him from her & us for over a month.

They are not married to each other but he is married to another woman. He has withheld their son from my daughter & us for a month now for revenge. My daughter has offered to appear for mediation with him but he won't answer. His wife has threatened my daughter with violence, has attacked... Read more »

Matthew Williams
Matthew Williams answered on Feb 11, 2021

Anyone can certainly file a police report, and there may be an interference with custody criminal offense here but there probably is not kidnapping since that is against the wishes of the person, not their parents. Who has legal custody of this child?

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1 Answer | Asked in Child Custody for Ohio on
Q: If my kids mother took my daughter out of state what can I do to get her back so I can gain custody?

This case is in Ohio. I have signed the birth certificate but I never got any custodial rights however I pay child support and I've been in her life the entire time

Joseph Jaap
Joseph Jaap answered on Feb 8, 2021

If there is a pending case in OH, you can file with the court to issue an order for her to return the child or asking to have her held in contempt. Talk to your attorney or use the Find a Lawyer tab to retain a local family law attorney to advise you.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Rights to ask for in court for visitation

I have not seen or heard from my daughter or her mother since April 2017. She completely cut off all contact and accuses me of abuse. I have never hurt my child or ever left a mark on my daughter. I do spank her when needed but give multiple chances for getting that point. She has no proof of abuse... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Feb 6, 2021

You have the right to parenting time with your daughter. Unfortunately, because you waited so long to take action, you will have to become reacquainted with your daughter. That means gradually increasing your time with her. If the mother claims abuse, you will have to defend yourself. If that... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: How is this going to be legally viewed by the courts?

Father abandoned children 4 yes ago.

Children’s counselors have found evidence of mistreatment and abuse during the initial visitations with him and his girlfriend. The councilor”s filed reports with CPS.. the children are fearful and do not want to return to visitations. Does his... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Feb 4, 2021

The court will always try to reunite children with a parent, barring any proof of ongoing abuse. I'm surprised the initial visits have not been supervised. You might be able to get them supervised now if the counselor will testify about concerns for the children's well being.

1 Answer | Asked in Child Custody for Ohio on
Q: Emergency Child Custody in Ohio

My brother and sister-in-law have been addicted and active in non-prescribed opioid drugs, and have stolen thousands of dollars from me, my father, and dozens of our local neighbors and family. Once I have stopped contact, they have contacted my family and friends, and most importantly my Childs... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 2, 2021

Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts, review possible evidence and potential witnesses, advise you how to respond, and represent you in court in this difficult situation.

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