Sadly, you have no rights to his estate as an EX-wife. The estate of those who die intestate (without a will) is governed by R.C. Section 2105.06, the Statute of descent and distribution. it states that "(A) If there is no surviving spouse, to the children of the intestate or their lineal... View More

I agree with my colleague for the most part.. However, I feel the need to stress that OH typically doesn't speak in the language of full custody versus part custody. Typically, Ohio courts speak as to whether or not a parent is the primary residential parent. Very rarely does a parent not have... View More

You cannot use a motion to quash. Those are only in response to subpoenas. You must respond to the requests or you may be subject to sanctions. you may object to certain questions but must raise some of these issues directly with opposing counsel. (often the custom is to object but provide the... View More

A quit claim deed will not remove your ex-spouse from the mortgage and may in fact cause a due on sale clause to accelerate the balance in full. You should contact the lender who holds the mortgage and see if you can refinance or modify the terms of your mortgage to remove your ex-spouse from the... View More

If by "she" you mean mother and you are father, then the answer is NO. In Ohio an unmarried mother is presumptively the sole custodian of a child until a Court ORDERS otherwise. Your "verbal agreement" means nothing to a reviewing court. You need to file a motion for... View More

After you receive a finding from the Child Support Enforcement Agency, you should also receive information on how to appeal the decision or rather file an objection. Send in that paperwork as the instruction states. An additional hearing will then be set up, and in the meanwhile, it would be wise... View More

I differ slightly. I would want to know about your co-parenting relationship. How well do you and the other parent communicate? What does your custody agreement say about monitoring the child? Does your custody agreement have a provision for how you should communicate about substantial... View More

When a term within a legal document such as a contract, agreement or Order is not defined within, then a court will typically apply the usual meaning or definition. Merriam-Webster defines the adjective "extracurricular" as :

not falling within the scope of a regular curriculum... View More

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answered on Jul 18, 2025

A stepparent adoption with an absent parent is actually pretty straightforward. Your new spouse will need to go to your county's probate court and, with your approval, petition the court to adopt your child. The biological father is entitled to notice of the proceedings, but his consent to the... View More

If you have not been served, the case cannot move forward. However, you are only prolonging the inevitable. Parents have a paramount right to raise their children. It is in your interest to engage with the process. Father may have to jump through some hoops but he will eventually get you... View More

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answered on Jul 17, 2025

Unfortunately there is no legal way to force your ex to be a good parent. If he chooses not to exercise visitation or spend time with your son, you can't make him (outside some therapy that he also likely would refuse). You could seek a change to your parenting plan (and potentially a... View More

I agree with my colleague. Further, if your hope is to completely cut off father from communicating or visiting with your son, under the circumstances you describe that will not happen. Were you to take him back to court the very best you could possibly hope for is that the court would change the... View More

No one here can tell you what you "should" do as that is subjective. If you and father are not married then you are the sole custodian and my do whatever you wish. However, father may sue to establish his parental rights and responsibilities. The Court may (but not necessarily will)... View More

1/2 of it may be. Anything purchased by a spouse with marital funds is considered marital. The only separate property married people have is either separate property owned before the marriage or inheritances, specifically given to one spouse and not comingled with marital assets. Since you are... View More

You may certainly request that she be compelled to pay your attorney fees. However, whether or not she does is at the sole discretion of the court. You and / or your attorney will need to provide evidence that her failures to abide by the terms of your divorce decree were more than mere negligence... View More

I agree with my colleague. I would only add that the other remedy is if one of you can afford to buy out the equity of the other and perhaps refinance (depending on the interest rate you are currently paying). if you purchased it before 2021 it is likely you do not want to refinance now as the... View More

In Ohio, inheritances are considered separate property (belonging solely to one spouse) unless it is comingled with marital property (belonging to both spouses). Even if something is placed into the marital account it may be clawed back, however if it can be still traced to the original bequest.... View More

I am assuming you and your daughter have lived in Ohio for the past 6 months and have lived in the same county for the past 90 days.

Based on that assumption you need the file a motion to establish parental rights and responsibilities. Hopefully, you were listed as the father on the birth... View More

Ohio law does not prevent the sale. HOWEVER, depending on a number of factors regarding how the property was financed, whether improvements were made using marital resources and how other expenses were paid for, your spouse may have a claim to a fraction of the proceeds. For example, if you... View More

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