Lawyers, Answer Questions  & Get Points Log In
Ohio Family Law Questions & Answers
2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: I am the co- owner of my mother's banking & checking account. Do I have to pay back my mother's estate ?

My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »

Aaron Epling
Aaron Epling answered on Dec 2, 2020

Interesting question. You certainly cannot be responsible for repaying any money that you spent on behalf of your mother for her expenses like medical expenses, nursing home bills, taxes, insurance, etc. One tricky question is whether you are liable to the estate for payments that you made to... Read more »

View More Answers

1 Answer | Asked in Family Law for Ohio on
Q: What are my rights? Do I have to allow him to have them?

I have sole custody of my children while their father only has visitation. He asked to switch our holiday schedule to have more time with them due to my oldest holiday break begins the 23rd. We agreed he would have them the 27th thru the 3rd thru texts. Now he is stating he wants them the 23rd thru... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 2, 2020

The court-ordered parenting time must be followed. Informal changes between parents can lead to this kind of trouble. If parents make other arrangements, but then plans change, then the court-ordered time must be followed, and if not, the parent who is not complying can be held in contempt.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: What action can I take to get back daughter that I have full custody of ?

My daughter is 15. I have full

Custody of her. The court ordered visitation specifies that her dad gets to see her for 1 hr a week in my home. My home is currently in Oregon her dad is in Ohio. The court order is from when we all lived in Ohio. I allowed her to spend 3 weeks with him in... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Nov 29, 2020

Did your custody order allow you to move out of state with the child without the father’s agreement or court permission? That would be unusual. You can file for contempt in Ohio in the county where the agreement was filed.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: I was ordered to take a mental exam for custody and a drug test ive done both but the court wont set a date for visits

The guardian ad litem filed no contact order for my daughter and i stating i was mentally unstable and on drugs which im neither and she never even met me i have never seen her or anything ahe just told the magistrate that from the word of my exwife

Cathy Cook Esq
Cathy Cook Esq answered on Nov 20, 2020

Do you have an attorney? You need an experienced child custody attorney to assist you. Have you seen the psychological report? Your attorney will need to review that to determine how to proceed?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Father has full custody of 4 yo. Mother's in jail and getting out. Father wants to move out of state. Can he?
Joseph Jaap
Joseph Jaap answered on Nov 20, 2020

If the custody order requires father to provide notice of any proposed change of address, then father must give that notice, and the mother has an opportunity to object to that in court. The court will then decide. If the father moves without any necessary notice or court approval, the court can... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Judge is asking for a proposed child support worksheet. What is that?

Filed for change of custody and child support. We are going to trial and the judge asked us both to turn in a proposed child supposed worksheet. I have asked clerk of courts and nobody knows what that is. I wouldn't think it would be the computation worksheet would it?

Joseph Jaap
Joseph Jaap answered on Nov 18, 2020

Here is the link to the Ohio calculation web site:

https://ohiochildsupportcalculator.ohio.gov/pages/calculator.html?p=step4

The worksheet calculates an amount, but there can be adjustments to that amount. Use the Find a Lawyer tab to retain a local family law attorney who can...
Read more »

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: Will I be forced to change jobs?

An ex just had my baby and we both know we’re going to establish child support soon. I’m on limited hours due to covid And how it impacts our field. Will I be forced to find a new job? I’ve been here a few years and would normally get 40 hours, the last few months have been 20 hours at most... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 18, 2020

The current virus situation affecting your employment could be one factor in determining the child support amount. Use the Find a Lawyer tab to retain a local family law attorney who can review your financial situation, run the Ohio child support calculation using your prior and current income... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: am i aloud to choose which parent i live with ?

i am 16 and living with my father my mother says she is a non residential parent she says she has visitation if that is true that means i can go there even if my dad says no correct?

Joseph Jaap
Joseph Jaap answered on Nov 17, 2020

There is a court-ordered visitation schedule that specifies when you are to spend time with each parent. Your parents, and you, must follow that court ordered schedule, or the court can hold them in contempt.

1 Answer | Asked in Family Law for Ohio on
Q: If I voluntarily runaway from home in Ohio what legal actions can my parents take to bring me back.

I am 17 years old.

Joseph Jaap
Joseph Jaap answered on Nov 10, 2020

Call the police, and you can go to juvenile detention. If there are problems at home, talk to a teacher, school counselor, family member, or other trusted adult.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his

My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his girlfriends kids, how can we stop this? My Dad telling me that we will not get anything or only get what he owe on. What can be done? My Dad lives in Ohio.

Aaron Epling
Aaron Epling answered on Nov 10, 2020

If he is incompetent, then you can apply to be his guardian and take control over his finances. You could also notify his bank that you believe he's incompetent or under undue influence. If he's competent and not under undue influence, then your options are very limited.

1 Answer | Asked in Family Law for Ohio on
Q: My friend is 18 and her mom wants to know if she can get guardianship of her until shes 21 can she do that?

Her daughter has a learning disability and she is wanting to move out and her mom wants to get guardianship until she turns 21.

Joseph Jaap
Joseph Jaap answered on Nov 5, 2020

Yes, it could be possible. If her mother files for guardianship, the judge will consider all information presented in court, including medical information about the disability and testimony from family and others. And a guardianship can extend beyond age 21 depending on the facts and... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My girlfriend has a 20 month old son and lives in Cleveland. I live in North Carolina and she plans to move here.

She is unmarried but paternity was established. There is no parenting plan or custody order set by the court. She plans to notify the father 30 days in advance of the move date. What would be his options and what should we be prepared for?

Joseph Jaap
Joseph Jaap answered on Oct 30, 2020

He could file in court for his parental rights, and the court in OH would have jurisdiction, and could require that the father get parenting time with the child, which would require mother to transport the child back to Cleveland. If the court requires regular parenting time, it might be... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Do I have to have a witness for uncontested divorce to be granted in Ohio?

I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?

Joseph Jaap
Joseph Jaap answered on Oct 27, 2020

If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Is it worth it to file a modification in my court order?

We had our child when i was 18. I am now 24, moved out of my parents & had another child. Our court order has 50/50 shared parenting, joint physical & legal. I pay child support, i offered. Our son is almost 6. I want to file a modification to get child support dropped. I'm just not... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 27, 2020

You'll have to consult with a local family law attorney who can review all the facts and the financial situation of you and the other parent, and prepare a child support worksheet, to be able to advise you if you have a chance to succeed. Use the Find a Lawyer tab to retain a local family law... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I currently have full custody of my child but want to get a shared parenting plan. what form do I file?

When paternity was established the child support office gave me full custody. We want to file to have shared parenting and have a plan created already. She needs to enroll in school and they wont allow it without court papers. What forms do I need to file?

Joseph Jaap
Joseph Jaap answered on Oct 27, 2020

If you are the mother, and were not married to the father, and a court has not granted the father any parental rights, then you already have full custody, and the school should enroll the child. Otherwise, the father can file with the juvenile court to establish parental rights. You both can... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: What can I do about my ex girlfriend withholding my court ordered visitation. It’s been several weeks now.

She won’t answer my phone calls or messages so I can get him. I haven’t been able to talk to him either which is also ordered.

Joseph Jaap
Joseph Jaap answered on Oct 26, 2020

You can file a motion asking the court to hold held in contempt. Check the court web site for the form that you need to file. Some courts have volunteer lawyers to help. If not, use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Family Law for Ohio on
Q: My mother has full custody of me, but I'm still in high school,I wanted to know if I still have to live with her

My father and she went to court to fight for custody when I was younger but it was determined that I'd live with her, she recently wanted to move to a different state but I want to finish my schooling, I wanted to know if I could live here without her, without getting into legal trouble with... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 22, 2020

She would have to notify the court of her intent to relocate, and your father would be notified, and he could then apply for a change in the custody arrangement. Talk to your mother and father about it.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: My sister is filing for emergency custody of my almost 12 year old daughter, what are my options?

I chose for my daughter to go to my sisters due to an investigation in the home, the person being accused is not in the home and turned themselves into police August 3 this year. Since my daughter has been with my sister, it has been nothing but chaos and threats and harassment from my sister and... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 19, 2020

Use the Find a Lawyer tab to retain a local family law attorney to review the situation and represent you in the custody proceedings.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: Ohio- I gave birth to my child before marriage, my husband and I have been separated for 2 years, I need a divorce

What can I do to solve problem of divorce and custody , what are my rights

Cathy Cook Esq
Cathy Cook Esq answered on Oct 11, 2020

If your husband agrees to do so, you can deal with parenting issues in the divorce. If not, or you prefer not to, you can deal with parenting in juvenile court. You should consult an attorney in your county to determine your best option.

1 Answer | Asked in Family Law for Ohio on
Q: Can my father drive my sisters car

She is paying for the car and she gave him a spare key to move it, and he just decided to drive it and use the gas she bought without asking first and then telling her after he wasted her gas money. She is 15, she has paid everything on the car so far and she doesn't want him driving it... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 30, 2020

If his name is on the title to the vehicle, then he is the legal owner and can drive it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.