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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law for Ohio on
Q: grandma is trying to kick me out of my house Grandfather left me she has residency till she passes I have power of att
Joseph Jaap
Joseph Jaap answered on Sep 7, 2021

If she has a life estate, then she can decide who can live there. Use the Find a Lawyer tab to retain a local real estate attorney who can review the deed records for the house and advise you.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Live in Ohio want to move back to TN where my mom and my kids grandma is (my mom). My husband and I may be separating.

Wanted to know if I can do this without his consent and it not be held against me or legal action be brought upon me. He has physically abused me in the past and recently threatened to.

Joseph Jaap
Joseph Jaap answered on Aug 31, 2021

Don't do anything until talking to a local divorce attorney. Use the Find a Lawyer tab to retain one. If you go to TN, he could file for divorce here in OH, the OH court would have jurisdiction, and could require you to return the children to OH. So talk to a lawyer who can review all the... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: can my parents kick me out of there house if i just turned 18 and a senior in highschool?
Matthew Williams
Matthew Williams answered on Aug 23, 2021

As long as you remain in school, your parents are required to provide housing until you graduate. Also, because you are a resident of your home, they cannot simply kick you out. You would have to be evicted.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My God daughter's parents would like to name me as a stand by guardian in case they become incapacitated or die.

Both parents both children and myself live in Montgomery County Ohio. It looks like we want the designation of guardian form according to revised code 2111.121 written out with 2 witnesses and a notary public. I want to know if we're on the right track.

I did try contacting the... Read more »

Andrew Popp
Andrew Popp answered on Aug 12, 2021

In short, yes you're on the right track. You may want to contact the probate court clerks in Montgomery County. Each county is different, and some have specific documents for you to complete. The Court clerks can usually assist you or point you in the right direction.

Best of luck.

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1 Answer | Asked in Family Law for Ohio on
Q: she got the cpo and then 2 weeks later snuck and moved in while i was at work
Andrew Popp
Andrew Popp answered on Aug 9, 2021

Call the police. If she is trespassing in your property they need to remove her. Otherwise, if she has a legal right to be there, or if you fail to act you may run into tenancy issues and need to pursue eviction proceedings. You may want to sit down with an attorney in your area to discuss in... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I'm currently working overseas and in need of legal representation to challenge the courts ruling.

The ruling has me in contempt of court and subject to 30 days in jail if I do not reimburse my ex-wife and pay her attorney fees within 30 days. I have a compliance hearing scheduled for 30 September.

Matthew Williams
Matthew Williams answered on Aug 6, 2021

You've indicated that you need a lawyer. You've also said you are overseas, and Justia has the question in the Ohio section with a location in Virginia. So the first step here is to figure out where you have court so you can seek out an attorney who practices in that area. You want to... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Do my boyfriend and I (not married), who live in Ohio, have joint custody of our son who was born in another state?

I lived in Louisiana when my son was born. I was not married. My boyfriend and I filled out paternity paperwork and he is on the birth certificate. We now live in Ohio. Do we have joint custody or do I have sole custody?

Matthew Williams
Matthew Williams answered on Jul 27, 2021

While a lawyer would have to look at the laws of the various jurisdictions involved, it is very likely you have joint custody at this point. The whole point of filing out paperwork acknowledging paternity and getting yourself named the father on the birth certificate is to establish that... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Judge placed a no contact order against me and my spouse against my wishes. Is it possible to get the order lifted ?

She told me the order was temporary, However my spouse and I live together and have a infant . He is the breadwinner in the home and I am currently out of work with no income and he was ordered to leave the home . I am to have no contact with him whatsoever, not even through a third party . This is... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 22, 2021

Maybe. Use the Find a Lawyer tab to retain a local attorney who can review all the facts and advise you of any options and the workings of your local court. But it depends on the judge.

1 Answer | Asked in Family Law for Ohio on
Q: I'm a 16 year old wanting to go through a process of emancipation from my parents. Is this difficult to achieve?

I have a job, car, and can prove self-efficient.

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

Ohio does not have emancipation for your situation. Here is more information at this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

It is normal for teens to want to escape their...
Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Landlord - Tenant for Ohio on
Q: My Daughter is trying to get her ex boyfriends name off her apartment lease. He hasn't lived there for almost a year.

She has had major problems with him she finally got his key back and absolutely nothing in the apartment is his. They are going to be going through a custody battle come November and she needs to get on assistance for insurance for the child and she can't until his name is off the lease.... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 13, 2021

If she doesn't have an attorney, she should use the Find a Lawyer tab to retain a local family law attorney to assist her with the custody and child support issues, and communicate with the landlord about the problem. with the lease.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: How can I get Divorce, custody, child / spousal support help?

Hi, I'm a stay at home mom to 4 kids including a breastfed infant. My husband works 12 hours a day and 3 days off, but is not present when home as he smokes weed outside for hours on end. Or he's asleep because of medical issues and can't be woken up. I have a support system and do... Read more »

William Lehner
William Lehner answered on Jul 5, 2021

You should talk privately with a divorce lawyer. Don't be afraid. From what you said, it is most likely that it is in the best interest of the children for them to be with you. A Guardian Ad Litem can be appointed who would probably say that the kids should not be with a pot head. He would... Read more »

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Am I able to just leave with my children legally?

I'm 22 i have 2 children with my fiance, 26 whos abusive. I cant go anywhere else in the house or he'd get so upset.

He said i can leave him any time i want but my 2 boys have to stay with him. He doesn't do anything i have to tend to his every need while tending to my... Read more »

Joel Allen Holt
Joel Allen Holt answered on Jul 7, 2021

He's wrong. Mothers are presumed to be the custodial parents if unmarried at time of birth and if paternity is not established.

You are free to leave with your children. If he is abusive, you may want to consider contacting an attorney, legal aid, or your local domestic relations...
Read more »

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: At what point in paperwork, during a complaint for custody, do you state all the reasons you want custody of your child?

My nephew is trying to file for custody of his 5 month old son and was given a packet of documents to read and fill out, then file. The docs include, motion for visitation, complaint for custody, complaint or custody change, affidavits and service notifications, etc. When and where does he state... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 28, 2021

Your nephew can use the Find a Lawyer tab to call other lawyers to find one who he can afford and will work with him to assist in filling out the forms. Or your nephew can check with the court to find out if they have a legal clinic to assist those without an attorney.

2 Answers | Asked in Family Law for Ohio on
Q: Common Law Marriage in Ohio?......

my fiance and i lived together in OHIO for over 3 years. we both have proof of residency, wedding rings, joint car loans, we both have utility bills at the same residence... can i get proof of Common Law Marriage in Ohio ? if so what forms do i need ? how do i get the forms and Where ?

Joseph Jaap
Joseph Jaap answered on Jun 28, 2021

Ohio does not recognize common law marriage after 1991. So if your 3 years together were after 1991, then you cannot claim marriage in Ohio.

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1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Need advice on what legal recourse I have when it comes to my unruly son?

I'm at my wits end. He won't listen to me or his dad. He has been truant from school most of the past school year. He has run away and continues to threaten to run away even after the cops found and brought him home. What do I do?

Matthew Williams
Matthew Williams answered on Jun 21, 2021

This is not a legal question. I would suggest you get family counseling. These sorts of behavioral issues are better addressed by psychologists and psychiatrists than by lawyers.

1 Answer | Asked in Family Law for Ohio on
Q: My 12 year old doesn’t want to see her dad why can I do
Matthew Williams
Matthew Williams answered on Jun 18, 2021

I really depends why she doesn't want to see if. If he is abusive, you can file a private custody action seeking to keep her away from him. If she's just 12 and being difficult, you may have to tell her the visitation schedule in the visitation schedule and it isn't optional anymore... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: My husband left me. I want the kids to live with me. What do I do?

Together seven years. Married two. I've been an at-home-parent most of that time. I am looking for work, but currently unemployed.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2021

You can file for divorce and ask for child support and spousal support. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 5, 2021

Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... Read more »

1 Answer | Asked in Foreclosure and Family Law for Ohio on
Q: foreclosure notice Ohio help

We received a foreclosure notice for our house. The house has late payment for nearly a year. The house mortgage and deed is in my dad’s name. My dad traveled out of the US in Feb-2020 and he has a police warrant so he probably not coming back. My mom and two young brothers living in the house... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 24, 2021

They can continue to make payments. The bank doesn't care where the money comes from.

As to transferring the property the easiest way would be to obtain a divorce from your dad and take the house in the divorce subject to obtaining a refinance of the mortgage.

Call the attorney...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Can a non biological grandfather get visitation under grandparents rights?

Daughter died Dec 18th 2020. My significant other and I have been together as husband and wife for 13 years. Daughter and bio father separated but not divorced for 1.5 years. I (maternal grandmother) cared for baby while she was at work, since birth. We've filed for grandparents rights for... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 23, 2021

You need to refile under your name solely to have any hope here. Grandparents have no rights to visitation if the parents of the grandchild are legally married. They can get custody, but only if they are able to prove that the biological parent is unfit or abandoned the child.

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