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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law for Ohio on
Q: My sister died in 2013. Her kids had to go live with their dad. My nephew is now 16 and no longer wants to live with

his father.He wants to live with his mom side of the family. We have been to court once and they granted visitation rights. The reason he wants to live with us is because his dad will not follow them and will not allow us to be active in his life. He wants to be emancipated. Is this possible in... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 6, 2020

You cannot be emancipated in Ohio. It is possible, but difficult, for a non-parent to be granted custody of a minor child. Parents may be denied custody only if a preponderance of the evidence indicates abandonment, contractual relinquishment of custody, total inability to provide care or support,... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My ex took my daughter for visitation now won’t give her back and he stopped communication with her we have court order
Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 5, 2020

If he is in violation of your court order then the process is to file a motion to show cause why he should not be sanctioned by the court. An attorney can help you with this nd he can potentially be required to pay any fees associated with filing the motion.

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Wife wants me to relinquish rights in disillusion. Should i?

My wife requested that I relinquish the rights to my daughter so that she can get better benefits and I wouldn't have to pay support. We live in Ohio. This doesn't sound right. Everything I have found says she would need someone to adopt and I would never see my baby again. Also I would end up... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 5, 2020

Unless another person adopts your daughter you will still pay child support.

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Im 19 My grandma has guardianship of me can I move out as long as I have a place to go and a way to school and work
Joseph Jaap
Joseph Jaap answered on Apr 3, 2020

If the guardianship ends, you can make your own decisions. Talk to her or use the Find a Lawyer tab to confer with a local attorney who handles guardianships in the probate court. Check the probate court web site for more information.

2 Answers | Asked in Family Law for Ohio on
Q: My ex picked up our daughter yesterday for his visitation day now he is refusing to give her back til May 1st what can

I do we have court order visitations.

Joseph Jaap
Joseph Jaap answered on Apr 2, 2020

Talk to the police and see if they will help. Provide them a copy of the custody order. Use the Find a Lawyer tab to retain a local family law attorney to file for contempt. But court is suspended, so your local court might not handle it quickly.

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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Ohio on
Q: I am a teacher and a coach in Ohio. I have a student, also one of my players who lives in a very bad home situation.

Her mother is addicted and verbally abusive when drinking. Social services has been called several times over the last couple of years but they always leave the young lady and along with her younger her sister in the home after the interview. She reports that things are always worse when they... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 2, 2020

Her sister can contact children's services and ask for temporary custody.

1 Answer | Asked in Family Law for Ohio on
Q: Is it possible to change the custody terms of a separation agreement after a dissolution is finalized?

I finalized a dissolution with my spouse about a year ago and after having had to abide by the originally agreed upon terms, I am pessimistic as to whether or not I can do anything to amend these terms. Without cooperation from my ex, is there anything that can be done to revise the terms so that I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 2, 2020

To change a divorce decreed (or in this case a dissolution) after the decree for parenting time you need 1) a change in circumstance since the decree and 2) the change must be in the best interest of the child. It is possible that the deteriorating conditions you're describing could be that change... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: I have a 3 year old. The father is a sexual predator I want to revoke rights

He has a cpo order from myself

for domestic violence

He has 25+ felonies including assault with a deadly weapon, robbery, theft etc etc.

He was also charged with pandering obscenity with a minor involving sexual motivation

He was released from prison just a little... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 2, 2020

If you were never married, then he doesn't have any rights to revoke. Unmarried father's must seek parenting time in a court order and if they don't you have no obligation to give any parenting time.

1 Answer | Asked in Family Law for Ohio on
Q: i got a girl pregant and she doent want anything to do with me.

what can i do so that this doesnt ruin my future and that she cannot come and try to get money from me if she doesnt want to be in my life

Anthony C. Satariano
Anthony C. Satariano answered on Apr 2, 2020

Nothing.

If you are the biological father of a child, you are legally obligated to help support that child until it reaches the age of 18 and graduates from high school. It does not matter if you have any parental rights, or what those rights might look like, the law allows her to pursue...
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1 Answer | Asked in Family Law for Ohio on
Q: Do I have to send my 6 year old to PA for visit during the stay at home order?

I am the legal custodian of a 6 year old. Biological parents are not in Ohio they live 4 hours away in PA. They have a court order for visitation at their residence the first weekend of the month. I'm worried at the distance and because my husband is at higher risk and we have no idea or way to... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Apr 2, 2020

The short answer is: Yes.

The stay at home order does not change court ordered visitation and if you do not comply with the court order, you will be in contempt and subject to the associated penalties.

1 Answer | Asked in Family Law and Civil Litigation for Ohio on
Q: My brother hasn’t followed thru w visitation I’m very close w my niece I need to know if I can get his visitation

I’ve been there from the beginning she is 2 I can see her 1 time a week maybe n have been threatened she doesn’t have to let me see her at all. It’s about power and the bitterness about my brother

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 31, 2020

It is very difficult for an aunt or uncle to obtain custody rights. Your brother is probably correct that he does not need to let you see your niece. An attorney would need a lot more information to give a better answer here but it's unlikely that you would be able to obtain your brother's... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My divorced son died in Ohio ins left to his child’s mom ins co telling her needs financial guardianship to collect it?

They had joint custody and she now has full custody

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 31, 2020

If the policy named the mom the beneficiary then she should not need a financial guardianship. If it named the child as beneficiary then the mom does need to apply for guardianship with the court to hold the funds until the minor is an adult.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: I'm 17 a junior in high school, my birthday is in four-months till I'm 18. I'm worried about there well being as I worry

I may do harm to them. And have been verbally abused by a parent for many years. And I have strong evidence of that. The stress and the strictness and verbally(and some have been physical abuse) of the household is big and compare to a normal family. Could I take this to a court to be able to... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

When you are 18, you are no longer a minor and can make your own decisions, move out, support yourself, etc. Until then talk to a teacher, family member or other trusted adult.

1 Answer | Asked in Family Law for Ohio on
Q: Will I be held in contempt for denying visitation due to COVID-19?

My ex lives in Kentucky and I live in Ohio. We have court ordered visitation but due to the pandemic and the stay at home order, I do not think my child should travel from Ohio to Kentucky for visitation especially when her stepmom is a nurse and is likely exposed to COVID-19 already.

Anthony C. Satariano
Anthony C. Satariano answered on Mar 31, 2020

You can be held in contempt. The stay at home order and the pandemic restrictions DO NOT negate court ordered visitation. Travel related to custody exchanges is deemed essential travel and thus is allowed under the current public health changes.

I suggest trying to discuss your concerns...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My daughters father and I never married he is on her birth certificate I plan on moving to OH does he have any rights ?

We have since split she lives with me and I have been the the only one working the majority of the time to support her

Joseph Jaap
Joseph Jaap answered on Mar 30, 2020

If you leave your current state, he could file for custody there, and the court could require you to return the child. Use the Find a Lawyer tab to retain a local family law attorney to advise you before you leave.

2 Answers | Asked in Family Law for Ohio on
Q: With the current stay at home order, can I refuse visitation?

My sons father works in a hospital, the grandmother in the home has returned from Washington state, along with her 2 other grand children, my son has been forced to stay with his aunt outside the home who then sent him to an out of the home babysitter. My son has asthma and epilepsy. Rendering him... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Mar 30, 2020

The short answer is: No, you cannot refuse visitation. The stay at home order does not change the visitation/custody order you have. If you fail to follow the court order you have, you could be in contempt.

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1 Answer | Asked in Family Law for Ohio on
Q: I lost my parental rights in Ohio in 2014 due to a drug problem. Im 5 years clean now. Can I get her back or visits?

Her father and I both had drug problems. His parents got custody and I cant see my child. Even though Im nearly 5 yrs clean. Her dad sees her as he pleases and still uses. Its not fair or right and Ive worked hard on my sobriety for my daughter and Id like to be in her life if possible. Please help... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 27, 2020

Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and advise you of your options.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: My niece was kicked out 3 weeks ago and the mother has had barely any contact with her, has not seen her , nothing.

She is 17 and her mom refuses any type of temporary guardianship til she is 18 in Sept. But doesn't tell her when and if she can ever come home I don't know what to do. i just want the best for her and honestly I believe it is with me. What if anything can I do?

Joseph Jaap
Joseph Jaap answered on Mar 27, 2020

Contact your local children's services which can give you temporary custody.

1 Answer | Asked in Family Law for Ohio on
Q: how can I legally leave my parent's house.

I am 17 and in ohio. My parents have been verbally and physically abusive but my parents always convince cps or the police that i cant be controlled. I wanted to get emancipated but i dont think i can because they made me quit my job. They would never agree to let me live anywhere else, and if I... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

Ohio does not allow emancipation, even if you did have a job. Until you are 18, your parents are responsible for you. If you go somewhere else, you could get in trouble, and so could whoever you were staying with. If your parents are physically abusive, call the police yourself, or call your... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Children service worker told foster family they was going to be able to adopt my son. Is that legal? What can I do?

My old case worker who is now fired(unrelated issues) told the foster family of my son they would be able to adopt my son even while I was Fighting for him doing the case plan and now my aunt is willing to adopt him and the foster family thinks they should be able to fight it. They have been... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

Since you are represented by an attorney, and that attorney is familiar with all the facts and circumstances, you should consult that attorney about it. Or your aunt could use the Find a Lawyer tab to retain a local attorney to represent her in trying to gain custody.

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