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Ohio Family Law Questions & Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on

Q: I recently separated from my wife and she is keeping our daughter from me, can i motion for custody before filing divor

Joseph Jaap answered on Sep 16, 2019

You have to file for divorce to ask for custody. When you file for divorce, you can ask for temporary custody. Your wife can file to oppose that, and the court will hold a hearing to decide how to divide the parenting while the divorce proceeds. Use the Find a Lawyer tab to retain a local family... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: Ok I never married my son's mother we split up my son came to live with me but we never have been to court can I move hi

He and I are ready to move to colorado he wants to go

Joseph Jaap answered on Sep 11, 2019

Since you were never married, his mother has sole legal custody, even though he has been living with you. You don't have any parental rights or a court order for custody. If you move, that could be a problem. Mother could get him back here. But if you and mother can agree, then you could... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on

Q: Need to talk to lawyer over the phone about child placement case

Need to talk to experience juvenile court lawyer please

Joseph Jaap answered on Sep 11, 2019

Use the Find a Lawyer tab and call some local family law attorneys to find one to work with. Attorneys on this site are not permitted to respond directly.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on

Q: There's a court order and my kid refuses to go with the other parent Terrified ...there's been horrible allogations

Dismissed cases as unsubstantiated but the child brings these allogations up to many and the parent who came to pick him up confronted himself as to why he refused his visit... professional opinions stated in court that they believe the child's allogations are saught true and believe child isn't... Read more »

Joseph Jaap answered on Sep 10, 2019

There is no perfect system. If allegations cannot be proven, or opinions are offered, a court can disregard them. People can lie about things. It is the court's duty to decide what to do. Courts and judges aren't perfect. Use the Find a Lawyer tab to retain a local family law attorney to... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Ohio on

Q: 17 year old emncipation in ohio

As you can assume from the question, I'm a 17 year old who resides in Ohio..My father has crap priorities. Continuing to rely on him to get my life started is going to do nothing but hinder me. I've been trying for a year now to (first) get my ID and (second) get my driving permit. He won't take me... Read more »

Joseph Jaap answered on Sep 10, 2019

Does your father provide health insurance for you? Talk to a teacher, school counselor, or other trusted adult about this. But Ohio does not allow emancipation in your situation. If you move out before you are 18, father could have you apprehended. Here is a link with information:... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: My mother in law says she went down and got custody of my step daughter she claimes to have paid $400 dollars for it

My husband nor they biological mother got papers or court date and the grand mother has no papers for this does she really have custody

Joseph Jaap answered on Sep 9, 2019

The mother and/or father have custody until a court or children's services gets involved and awards custody to someone else, with documents granting that custody.

1 Answer | Asked in Family Law and Child Support for Ohio on

Q: Ok me and my friend are having a baby together but me and her are not together but we are both willing to work together

With out child support is that still mandatory or no?? Like do we have to pay child support even though we are not tryna go that route and are trying to both raise our daughter even though we are not in a relationship??

Joseph Jaap answered on Sep 9, 2019

Both biological parents have responsibility to support the child through age 18, unless adopted. Either parent can apply for child support at any time until then. At the beginning, the parents might cooperate and share parenting duties so that neither applies for child support, but sooner or... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Ohio on

Q: If my legal guardian lets my boyfriend move in when I’m only 16 can they get in trouble or not?

Joseph Jaap answered on Sep 9, 2019

Yes, they could get in trouble. And having a boyfriend move in with a 16 year old is just a bad idea. It is likely the 16 year old will end up with a baby, and the boyfriend will move on to someone else. That will make it difficult for the mother to complete her education to ever be able to... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: My ex lied on court documents and took full custody of my child without him ever taking a paternity test.

As of August 2019 hes refusing to let me see my child and refuses to take a paternity test. Seeing as him and I were not together when I got pregnant. I dont know what to do legally .

Joseph Jaap answered on Sep 9, 2019

File with the court to issue an order for him to take a paternity test. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

2 Answers | Asked in Family Law for Ohio on

Q: My 9 year old daughter wants to change her last name

I was wondering if you could give advice as to my daughter is 9 years old her father has only seen her 2 times a year give or take and each time for less than 30 mins for each visit. She cries when she has to go with him so bad that she throws up she has been wanting her last name changed to mine i... Read more »

Nicole Schaefer answered on Sep 3, 2019

You can change her name, but you'll have to get permission from her father.

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1 Answer | Asked in Family Law for Ohio on

Q: Can my ex wife change between local rule and the shared parenting plan to support the weekends she wants? Please advise

My ex wife and I have always followed a specific alternating weekend for time with each parent. Now she tells me that she wants to change it to a different weekend. Please advise.

Joseph Jaap answered on Sep 3, 2019

If you believe she is not following the court's order for parenting time, then if you can't work it out with her, you can file with the court asking to have her held in contempt.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on

Q: my ex wife makes over 80,000 a year and has remarried. I make 36,400 annually. I have to pay my ex 500 a month?

ex wife and mother of our 3 children makes a significantly larger amount of money to me. technically with her two jobs (professor and nurse) she makes over 100k. I just recently got a job making 36,400 a year. the divorce paperwork says im to pay 500 a month in child support (shared parenting,... Read more »

Joseph Jaap answered on Aug 30, 2019

Ohio recently changed its child support calculation, so you should check that. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and advise you.

1 Answer | Asked in Child Support, Divorce and Family Law for Ohio on

Q: I fathered a child with a married woman. The child has his name and they are now getting divorced. Child support?

They decided independent of this revelation to get a divorce. They have 2 children and got a paternity test for both during divorce proceedings and the eldest is his, the younger is mine. The younger has his name and has been his child legally since birth. Who is more responsible for the child's... Read more »

Joseph Jaap answered on Aug 30, 2019

If you are established as the father, the mother can file for child support from you.

1 Answer | Asked in Family Law and Civil Rights for Ohio on

Q: My friend owns a trailer in a rented park. The new owners are now doing background checks . She was charged yrs ago.

With a felony but not convicted . Can they still try to kick her out?

Joseph Jaap answered on Aug 26, 2019

It depends on what her lease says. Landlord can choose not to terminate her lease when it expires.

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: I am in a custady battle for my great niece's in London Ohio and it seems as though the caseworke is against me .

My niece is currently unable to take care of her.I past my drug screening and have done everything they ask .can you please help me find a lawyer for the 25th of September?

Joseph Jaap answered on Aug 23, 2019

Use the Find a Lawyer tab on this web site to retain a local family law attorney, or contact your local bar association for a referral to a local attorney to represent you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on

Q: My child's mother is threatening to put me on child support. Im working when she want me to watch him. What can I do?

I'm a single parent with four children. I have two jobs and instead of putting him in daycare she threatens to put me on child support. I get him in between jobs whenever I'm not working. Please help me.

Joseph Jaap answered on Aug 23, 2019

She has the right to file for child support. Your income and your expenses of support for your other children are taken into account in the child support calculation.

1 Answer | Asked in Family Law for Ohio on

Q: Can my ex wife change weekends without a mutual agreement on a shared parenting plan?

My ex wife refuses to let me have our children on my weekend and she told me she is switching back to a previous arrangement from around a year ago. I told her that it has to be mutually agreed upon because of the shared parenting plan. I need help in maintaining a fair shared parenting... Read more »

Joseph Jaap answered on Aug 22, 2019

If she is not following the required court-ordered parenting plan and is denying you your specified weekends, check your parenting agreement if mediation of disputes is required. If so, file for mediation. If not, then file with the court to have her held in contempt and to make any changes to... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on

Q: My husband son and i have been living with his sister and husband.

My husband and I are now getting a divorce as is his sister and husband. My husband and his sister have moved out and i am still living there with our son. Can he use me living with his sisters soon to be ex husband against me in court to say im an unfit mother?

Joseph Jaap answered on Aug 19, 2019

He can provide information about the care and support you provide for your child and your living situation. The court would evaluate that, along with all the facts and circumstances properly presented to to the court as evidence, and the court would decide what is in the best interest of your... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: I have POA for my granddaughter from the state of Texas. My granddaughter and I recently moved to Ohio (West Carrollton)

West Carrollton school would not allow registration because it was not an Ohio POA. My daughter (childs mother) resides in Texas. How do I get POA notorized if the parent is in Texas and I reside in Ohio?. Only form I can find for Grandparent POA states that the parent and the grandparent (I... Read more »

Joseph Jaap answered on Aug 19, 2019

Both need not be present. Obtain an Ohio form, send it to her in TX to be signed and notarized there. It should be valid in OH, but it depends on what the school requires.

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: How does kid's dad get visitation with my kids when it wasn't set up in court but I can't

My childrens grandma has custody of my three children and there was no visiting set up because we had a very good relationship when everything was established.. but now I hardly see my kids and if I do it is at McDonald's for a hr or so... Well there dad has no visitation set up either but yet his... Read more »

Joseph Jaap answered on Aug 13, 2019

You can file with the court asking for the court to designate time for you with the kids. Use the Find a Lawyer tab to retain a local family law attorney to assist you. Or some courts have help centers with volunteers for those without an attorney. Check with your local court.

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