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Ohio Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can I get a dissolution with a child in Ohio without being legally separated?
Joseph Jaap
Joseph Jaap answered on Jan 26, 2022

Yes, there is not need for a legal separation first. But a dissolution requires both spouses to agree on all issues of custody, child support, division of marital property, and spousal support/alimony. If they cannot agree, then they must proceed as a divorce.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Can I move out the day before my 18th birthday
Joseph Jaap
Joseph Jaap answered on Jan 25, 2022

If you are still in school, talk to a teacher, school counselor, or other trusted adult if you are unable to talk to your parents about your plans. When you turn 18, you are considered an adult. If you leave a day early, it is unlikely any action would be taken. But be sure to have medical... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: How do I go about getting property from stepmom. My father passed away without having a will in ohio.

My grandfather left about 70 acres to his 4 sons with gas and oil rights. One being my father. So that's about 16.5 acres a piece. My father passed away in 2017. So its been a little while.

Joseph Jaap
Joseph Jaap answered on Jan 21, 2022

An attorney will have to review the county real estate records to determine property ownership and then probate records to determine if your father's estate went through probate. Use the Find a Lawyer tab to retain a local real estate attorney to review the records and advise you.

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: Who determines if a person with Dementia is able to continue to make decisions such as POA choice?

I would like my husband's grandmother to come live with us her son (husband's uncle) does not want that. I would like to get medical POA, however, she has moderate dementia. There is no POA paper work in place. He would like to put her in a nursing home, we are willing to add on to our... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 20, 2022

She can make her own decisions until a probate court appoints someone to be her guardian. If she designates a POA, then the person named can take action on her behalf. But another family member, like her son, could challenge it in probate court and ask to be guardian. The judge would then... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My father recently deceased I bought a home from him that was given to me in my two brothers when the youngest tur 18 I

The the youngest is now 58 I should have never bought that house it should have been whipped or given to us from a divorce agreement between my father and my mother that was her thing my father is deceased but his spouse at the time of purchasing the house has inherited his home now and all of his... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 20, 2022

There are many factors to be considered in determining what you might be able to do, but it is too complicated to discuss on-line. Use the Find a Lawyer tab to retain a local probate attorney who can review the situation and all the facts with you, and then advise you of any rights that you have... Read more »

1 Answer | Asked in Family Law, Civil Rights and Landlord - Tenant for Ohio on
Q: How can I get someone to move out as quickly as possible?

They don't pay rent, they have no bills in their name. They do have msik that goes to that address in their name

Joseph Jaap
Joseph Jaap answered on Jan 14, 2022

You must evict them. Check your local court for the process, or use the Find a Lawyer tab to retain a local real estate attorney.

1 Answer | Asked in Family Law for Ohio on
Q: I am the mother of two and the father I have been separated for 8 months now and the children have been living with me

Plus we are not married! I received court papers about full custody as of a few days ago. I went to the court house to establish visitation rights with him and now I’ve received papers from a lawyer requesting back round checks on a list of family and friends that do not live in the home with the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 11, 2022

In determining parental rights for an unmarried father, the judge must consider all the facts and circumstances to determine what is in the best interest of the children. His attorney can request information about you that is relevant to that determination. Depending on how the judges divides... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: When is it abandonment?

I had a short fling with an old friend, found out he had an extensive criminal record, that includes DV, and drug use and multiple thefts.He’s threatened to come to my house if I didn’t answer the phone. I tried co parenting but when he found out I was getting my conceal carry he said if I did... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 6, 2022

If you were not married to him, and a court has not granted him any parental rights to your child, then he has none, and as the mother, you have sole legal custody and decide who gets to spend time with your child, or can prohibit all contact. You could initiate action to have him pay child... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Ohio on
Q: If The child and I are under mandated quarantine do due to Covid positive, do I break my quarantine?

Thank you!

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 5, 2022

No. She can't. It sounds like she just enjoys filing things with the court. She should be sanctioned for sending the child out of state.

1 Answer | Asked in Family Law for Ohio on
Q: Are my children in anyway responsible for my debts when I die?
Joseph Jaap
Joseph Jaap answered on Jan 4, 2022

Children are not responsible. But your debts would be paid from your estate, and your assets might otherwise be paid to your children with proper estate planning. Use the Find a Lawyer tab to retain a local estate planning attorney who can review your situation and advise you how estate planning... Read more »

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: If Im 16 and am adopted but emotiionally abused here can I go to California and live with my Dad who never lost custody?

I am adopted but am hating it here I'm 16 but we have never gotten along. I would like to live somewhere else there is lots of emotional and physical stuff that goes on. would I be able to legally move to my live with my dad in his custody since he never lost it in the first place?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 2, 2022

If you are adopted then your dad has no custody rights. If you are being abused or neglected call CPS to make a report and they can remove you from the home.

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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Ohio on
Q: Is it legal for an arranged marriage in ohio
Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 31, 2021

There is no designation for an arranged marriage, but if you are being coerced into marriage then it can potentially be annulled as a result of the coercion. If you are a minor and your parents are forcing you into marriage then you should call 1-855-642-4453 and report this to Ohio's... Read more »

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Looking to get temporary guardianship of 4 children while their mother gets back on her feet.

We need to be able to put them in school and take them to the doctors. Would we need power of attorney? Or something else? What steps do we need to take?

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 31, 2021

If you are a grandparent it is a simple form for grandparent power of attorney signed by the mother that you file in your county's juvenile court. If you are not a grandparent then you need to file an application for guardianship with consent of the mother in your county's probate court.

1 Answer | Asked in Family Law and Immigration Law for Ohio on
Q: The man who signed my birth certificate 34 years ago is not my real father. Will this affect my passport application?

The man who signed my birth certificate 34 years ago is not my real father. I believe my mother thought he was my real father at the time. I was told this many years ago, never thought much about it. I met another man I believe is my real father several years ago, but no longer have contact with... Read more »

Agnes Jury
Agnes Jury answered on Dec 30, 2021

Until and unless another man is legally identified as your legal father, the man listed on your birth certificate who signed it is your legal father. Best wishes!

2 Answers | Asked in Family Law for Ohio on
Q: Can my ex-boyfriend take me to court and get custody of my son who is not his biologically?

He has been in his life since he was born.

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 22, 2021

There is an extremely rare but may be applicable set of facts where he could get custody. In most situations, he would have to prove that you are an unfit or incapable parent, or voluntarily abandoned your children, in order to get custody. However, there is a limited exception, usually present in... Read more »

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: How do I get my child’s fathers rights removed?

My child’s father is constantly in and out of his life, usually for 6-9 months at a time, especially when he is single. He has been going to his house regularly because he has a girlfriend and a house to live in but she has told me that he has been beating on her and putting holes in the walls,... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 15, 2021

It is not possible to answer your question on-line. It depends on all the facts and circumstances. Use the Find a Lawyer tab to retain a local family law attorney who can review your situation and advise you of your options. A judge must determine what is in the best interest of the child in... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can I file for child support and alimony if I'm still married but trying to get a divorce.
Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 14, 2021

Yes. That is one of the things you can request as part of the divorce proceedings.

1 Answer | Asked in Elder Law, Family Law and Public Benefits for Ohio on
Q: Mom Medicaid for nursing home. Spouse living at home. They can’t take his house, right? What happens if he sells?

Elderly mom with Alzheimer’s disease needs 24 hour care. She is living in nursing home & needs Medicaid help to pay. Can her spouse sell their house in Ohio and use money left after mortgage payoff to buy another house or does he have to pay back Medicaid mom’s share of proceeds?

Moshe Toron Esq
Moshe Toron Esq answered on Dec 13, 2021

He must first put the house into his name only. Then, if he sells his house, he can use the money to buys another house.

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Family Law for Ohio on
Q: My spouse has a no contact order against me. Can I send my in-laws a gift for their wedding?

Nothing intended for my wife is involved. Just congratulations to their nuptials.

Emerald Sheay
Emerald Sheay answered on Dec 10, 2021

Generally this would not violate a restraining Order, but you should very carefully review the terms of the no contact Order. While this action may not typically violate a restraining Order, it may not be prudent to reach out to her family while this restraint is in place.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: When filing for a divorce what all paperwork is needed to be taken to the attorney?

We live in the same house, but he’s a truck driver and is only home on weekends. We have not slept in the same bed in 17 years. He has sever ED and so we have not had sexual relations in 17 years. HOWEVER I have been faithful the entire time. In fact we don’t sleep in the same room. The only... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 8, 2021

The outcome for your divorce that you have described seems reasonable. Your attorney will tell you what is needed for the attorney to fill out the required forms to file with the court - mostly bank account statements and other financial information, tax returns, monthly income and expenses, both... Read more »

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