Get free answers to your Family Law legal questions from lawyers in your area.
My girlfriend and I, now ending our relationship, bought a home together, and both of us are on the mortgage loan. However, the deed is solely in my name. We both contributed to the down payment and split the mortgage payments 60/40, but there is no written agreement regarding our ownership or... View More 
answered on Apr 30, 2025
You can ask her, but if she refuses, you would have to proceed with the proper eviction process. She could then sue you to recover her contribution to the down payment and mortgage, and perhaps some of the appreciation in the home value claiming a partnership and other legal claims, and you could... View More
My child's mother has been absent for two years, during which I've been the primary caregiver. She has been labeled as unfit. Can she legally take the child from me now?
answered on Apr 29, 2025
Under these facts it is possible but highly improbable. There is much that you did not include that I would want to know. When you said "labeled" unfit. By who? Was that part of a court order? If so, mother would need to file a motion to modify the current custody order. In order to... View More
My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More
answered on Apr 27, 2025
Here in Ohio there is a specific assignment that can be made to ensure the correct person(s) handle final arrangements, and to memorialize any wishes. See Chapter 2108 of the Ohio Revised Code. (link below)
https://codes.ohio.gov/ohio-revised-code/chapter-2108
An estate planning... View More
My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More
answered on Apr 28, 2025
I would find out where they were allegedly married and see if there is a marriage licence registered there (with the proof of solemnization of the wedding). If there is no wedding then she would at the very least need POA or be listed as a Health Care Declaration proxy. Your question did not... View More
I'm filing for a dissolution myself in Lorain County, Ohio. Due to my spouse's history of violating my boundaries, I'm concerned he will show up unannounced if he knows my address. There are no children or shared assets involved, and I haven't spoken with anyone regarding... View More
answered on Apr 24, 2025
Check the local rules in your jurisdiction, and speak to your county clerk's office. Many have a specific option to retain a confidential address on pleadings, but you must specifically ask for that protection (either by separate form or verification with the clerk). The clerk will still want... View More
I have an autistic 9-year-old who visits his dad every weekend, and we don't have any court orders. Recently, my son started touching himself, which raised my concerns. He told me he saw his dad doing the same and was instructed not to tell therapists or doctors about it or about seeing a... View More
answered on Apr 14, 2025
If you are going to successfully file for an ER custody order you need to show that Father is presenting an existential risk to your child. Merely stating that the behavior is deteriorating or disturbing may not be enough. You should be able to tell the court why it should Order a change without... View More
My daughter's ex in Ohio, Jefferson County, is violating the terms of their divorce decree by not paying her $3,000 from his work bonus, which he received on March 31, 2025, as stipulated in the decree. He claims there is no specific time frame for payment and promised to pay by the end of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2025
Thirty days from receipt of payment is pretty standard. Is he in violation of the decree? Probably. Should you take legal action until after April? Probably not. Once that timeline has passed if he still hasn't paid then your daughter should consider filing a motion to show cause.
I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More
answered on Apr 2, 2025
It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More
I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More
answered on Mar 27, 2025
If you are not looking to incur legal fees, then you would need to seek out whether you can file a motion to modify the Decree. You would need to read the Ohio Revised Code Section for Spousal Support and see if you can file a motion to modify. Depending on the county you live in you should also... View More
I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More
answered on Mar 28, 2025
If your separation agreement did not reserve the Court's jurisdiction to modify spousal support you cannot do so now. You should speak to your divorce lawyer and review the divorce agreement/decree and see whether jurisdiction to modify was reserved. If so you may file the motion to modify... View More
In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025
Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.
If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to... View More
My father recently passed away in Ohio, and he was contacted about a settlement related to his father's land with oil rights. There was no will, and my mother has a marriage certificate as his widow. My father had children from a previous relationship, and they are claiming they should split... View More
answered on Mar 10, 2025
The actual answer is within Ohio's Statute of Descent and Distribution R.C. 2105.06 (C) states that if the person dies the property passes as follows:
"If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is... View More
I signed a handwritten note detailing some terms for property separation, child support, and 401k division, intending it for a dissolution. The note was not signed by my spouse, nor was it notarized or witnessed. Later, I decided to change my stance on these terms, and my spouse filed for divorce... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025
Unlikely. Ohio now allows for post-marital agreements that would govern the terms of a property division in divorce but they are enforceable only in the following situations.
(A) The agreement is in writing and signed by both spouses ;
(B) The agreement is entered into freely... View More
I am representing myself in a family law case in Ohio, involving a motion to change parenting time and visitation schedules. The trial is set for April 18, 2025, and I need to submit an exhibit list 14 days before the trial date. The case concerns modifying visitation due to the father's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2025
Don't overthink this. Make a list of all the documents that you want to present. Put the court information at the top of the list along with a caption like "Plaintiff's Exhibit List". File it with the clerk of courts and serve it on all other parties.
The judgment from my divorce in Ohio entitles me to 50% of my ex-wife's pension, but she recently retired and I have not yet received anything. I haven't obtained a Qualified Domestic Relations Order (QDRO) or contacted the pension plan administrator. We haven't discussed this issue... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2025
Contact the plan administrator regarding the situation and ask if they have their own preferred QDRO, which they probably do, for the division. Draft the QDRO according to their requirements and get it approved by them. Then file the QDRO with the DR court, and give a copy of the court approved... View More
In 2019, my ex-partner and I rented a townhouse apartment together, but only I signed the lease. She left after we broke up, and I was left to cover the bills. A roommate I found took the money meant for the last month's rent, leading to an eviction on the record. My ex is now demanding that I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2025
If she had already vacated then there shouldn't have been an eviction against her. She could file a motion to overturn or seal it. It is unlikely that she would have a case against you.
If the landlord sought money damages against her, then she at least was on a month to month lease... View More
We all live together with my husband as well. Since I got married, they seem to have declined in health. Dad had a TIA and is better now. But mom isn't taking care of herself. We constantly argue about the fact that they have not let me out if their sight since birth. I just need my own space... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2025
If you are all titled owners of the house, and you don't want to live with them, then you either need to 1) buy out their interest in the property and have them move; 2) have them buy your interest in the property and then you move; 3) sell the property and everyone moves; or 4) if no one can... View More
Never married, no custody arrangement in place. I recently filed for child support and coincidentally he filed an abuse/neglect report with CPS. He releases him to me after he takes him every other weekend. He's repeatedly told me he wants me to move away with him and I'm not sure how to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025
If you were never married and there is no custody order in place then you literally have all the power. Unmarried father's have no custodial rights in Ohio unless a court grants them parenting time. You would be within your rights to simply not give him any parenting time. In short, you... View More
We’ve tried everything on the Internet to try and find it with no luck. She said it was in the mid 90s, but that’s all she’ll say. She lives in Ohio. He tried calling every county he could think of with no luck. What else can we do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024
I think it's possible based on this description that he was never actually divorced. This is usually something that is pretty easy to check. She would have had to file in a domestic relations court of the county in which she resided. If you have already contacted that county's clerk of... View More
My ex and I have 2 kids. He is re married and I have a partner of 5 years. My kids consider my partner their step Dad. He is claiming since we are not married that my partner can't even be listed as an emergency contact at school or any other forms but his wife is required to be listed. In my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024
He is wrong. Unless she adopts them, or gets some other kind of court ordered right, his new wife and your current boyfriend have the same amount of rights to the children, which is none.
He also misunderstands what an emergency contact is. It is just that. An emergency contact. It implies... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
