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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Ohio on
Q: my girlfriend is 17 and her dad is trying to put her i jail can he do that?

her mom and dad are in a custody battle and her father is upset that she doesn't want to be with him anymore so he wants to punish her by sending her to jail can he do that? without good reasoning?

Joseph Jaap
Joseph Jaap answered on Nov 14, 2019

If she is deemed "unruly" and fails to follow the court-ordered custody, she could go to juvenile detention.

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: What is the law with unmarried couples and house equity? If one partner leaves, are they entitled to 1/2 the equity?

My significant other and I bought a home. He wants out, and will not be able to afford the house. He is asking for 1/2 the equity in a buy out, to sign off on a refi to get his name of of the mortgage. i have been told there are no laws citing splitting equity in non married couples. Is this true?... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 13, 2019

There is no law for unmarried couples sharing equity, only married couples who divorce. Whoever of the unmarried couple is named on the deed -- is the owner. If the unmarried couple splits up, and there is no written contract between them directing what happens with the house and its equity, then... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Are there legal agreements that can be made in Ohio between married couple similar to a post-nuptial?

I have been offered a short term teaching position out of the country and would like to have a legal agreement between my wife and I that would outline terms directly related to this situation (care of property, finances, limits of employment duration, ...)

Joseph Jaap
Joseph Jaap answered on Nov 12, 2019

An agreement would only be enforceable between spouses if entered by a court. You could file for legal separation, which would result in a written agreement for separating your finances, paying debts, providing support, employment, etc. The agreement would be approved by the domestic relations... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Do I need to re-enroll my separated wife (not legally) in my employer's healthcare plan during 2020 annual enrollment?

My wife of 22 years separated from me several months ago (not legally) and has indicated she wants to divorce but she still hasn't taken any legal action. She is currently covered by my employer's healthplan. She is a physician who typically has earned substantially more than I do (~1.5X-2X my... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 11, 2019

She would have to consent to being removed from your health plan. If there is a divorce, then she could enroll separately under COBRA with your employer after the divorce is final, or find her own insurance elsewhere. Talk to your HR person. If you file for divorce, the health insurance will be... Read more »

1 Answer | Asked in Family Law and Criminal Law for Ohio on
Q: My wife and I are separated not legally but living apart we have been since November 2012.

I have been trying to get her to sign dissolution paperwork for years. I pay child support but I haven't been able to for a couple of months due to being unemployed. She has now told me which I have text evidence of that she will not sign the paperwork till I pay the child support. This sounds like... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 6, 2019

Use the Find a Lawyer tab to retain a local family law attorney to prepare and file as a divorce. That does not need her to sign. The divorce process will proceed whether or not she participates.

1 Answer | Asked in Family Law for Ohio on
Q: Do I have to legally have ask my 16 y/o daughters father permission for her to go to a dance while she is with me?

We have never gone to court. We sat with a mediator and came to a parenting agreement where we agreed to share custody. This was filed with the clerk of courts .I am residential custodial parent . He has her 2 nights per week. We agreed to share custody.

Daughter is 16 and he tries to... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 5, 2019

If you and he have never been married, and if no court has granted him parental rights, or designated you the "residential custodial parent," then you are automatically the sole legal custodian and make all parenting decisions. Father has no parental rights unless and until a court grants him... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: what is considered a week 7 days right sunday-saturday

for example if I drop my son off Monday morning at 9am then sunday at 9am or 6pm I would be able to pick him back up correct because that is exactly 7 days

Joseph Jaap
Joseph Jaap answered on Oct 22, 2019

It depends on how the agreement or court order is written, and if there are any standard guidelines set by the court for determining parenting time or resolving disputes. Use the Find a Lawyer tab to retain a local a family law attorney who can review the documents and facts of the situation,... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: How to field to suspend and be reimbursed for spousal support.

My divorce was finalized on 1 october. There is a provision that if she cohabitates in such a manner as marriage spousal Support is terminated. My Ex has been living with her boyfriend since before our separation date. i have several forms of documentation to prove it.

Joseph Jaap
Joseph Jaap answered on Oct 21, 2019

Check with the attorney who handled your divorce, or check the court web site for the form for a motion to modify spousal support.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My kid is 18 (with an iep)ran away to stay with a friend. She's in high school. How can I get her home?
Joseph Jaap
Joseph Jaap answered on Oct 21, 2019

If she does not have any mental disability, then at 18, she is an adult and can make her own decisions. Talk to her school counselor.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have a very complicated situation. I haven't seen my 14 month old daughter in 5 months. Can I get her back soon?

My 14 month old daughter's father and I are no longer together. We were never married. May 5, her father was charged with domestic violence and assault against me. He is pending trial. Immediately after he kicked my daughter and I out of our home. During this time, I relapsed (recovering... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 11, 2019

Yes, your situation is complicated -- much too complicated to work out on line. Use the Find a Lawyer tab to retain a local family law attorney who can then meet with you to review all the facts of the situation with you and advise you of your options.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: What are my rights in this case?

I had a dissolution of our marriage two and a half years ago. We have a three year old daughter. We have shared custody. I get her every other weekend. I pay child support and allow the mother to claim her on taxes every year. My problem is when we got divorced she upped and moved 2 and a half... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 7, 2019

If that is what you agreed to in the dissolution and for her relocation, then you will have to try for a change. Use the Find a Lawyer tab to retain a local family law attorney to discuss the situation and your options for negotiating a change of the parenting schedule with your ex, or filing with... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: In Ohio can I get married at 18 even if I’m still in high school and living with my mom
Joseph Jaap
Joseph Jaap answered on Oct 7, 2019

An 18 year old can get married without parental permission. But the parent might not continue to provide health insurance, car insurance, or financial support to continue education beyond college if the parent thinks the marriage is a mistake and not well thought-out. An 18 year old is considered... Read more »

1 Answer | Asked in Criminal Law and Family Law for Ohio on
Q: Are there laws against a man having a vasectomy without his wife's knowledge?
Matthew Williams
Matthew Williams answered on Oct 1, 2019

No.

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Support for Ohio on
Q: I turn 18 in 30 days. I cant stand being at my house anymore. Is it illegal if i was to leave right now and move out?

My friend has an apartment. Me and him both have jobs. I would still be going to school and getting my education.

Joseph Jaap
Joseph Jaap answered on Sep 30, 2019

It could cause problems for you and for him if you leave before 18. Hang on for 30 more days. But consider that if you leave now or when 18, you might no longer have any health insurance, car insurance, or other support from your family. If your friend later kicks you out, then that could be... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Is there a legal way to divide martial assets after 43 years of marriage if both parties are in agreement?
Joseph Jaap
Joseph Jaap answered on Sep 30, 2019

If both spouses agree on division of marital assets, then they can draft a financial separation agreement and file with the court for dissolution to terminate the marriage, or a legal separation. Use the Find a Lawyer tab to retain a local family law attorney to prepare all the documents.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: What can I do about wanting to leave my home?

I am 14 years old and I live in Ohio. My grandparents have had custody of me for a long time and I want to live with my mom. She is a recovered drug addict and has been clean for over four years. I am very close to running away if I cant legally leave my home. I am sick and tired of getting treated... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 27, 2019

Please talk to a teacher, school counselor, or other trusted adult about your situation. If grandparents have legal custody, then if you leave, you can get in trouble. To do it properly, your mother will have to file with the court to try to regain legal custody. Talk to her about that.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: How can I legally and quickly keep my kids from their mother if she is on drugs and until we can go to court?

It has come to my attention my childrens mother has been abusing my children and using drugs,they are supposed to go to her tomorrow to visit for the weekend, I fear for their safety and do not want them to go so how can I legally keep them with me till we can go to court? I already have talked to... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 27, 2019

If you don't follow a court-ordered schedule for the kids, then their mother could file to have you held in contempt. You would then explain the situation to the court. But without proof, the court might not act on what you say, and you could be held in contempt. If you truly believe the kids... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: how can i get someone who is not related to me get full custody, it’s currently shared parenting.

i’m 17 my moms making me move in with my dad because her boyfriend doesn’t like me. my friends mom really wants to take me in because she knows how my family is. she is already fostered a lot of kids and is in the system with cps.

Joseph Jaap
Joseph Jaap answered on Sep 26, 2019

If you are a minor, you can't. You could talk to the other person, and find out if that person is willing to get involved to take action.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I actually have 2 questions one can i move in with my other parent without my custodial gaurdians permission

Othee question can my dad consider me a runaway if he knows where i am and who im with i.e my mother

Joseph Jaap
Joseph Jaap answered on Sep 23, 2019

You must do what your legal guardian and the court says, and you can be considered a runaway if you don't.

1 Answer | Asked in Family Law for Ohio on
Q: My dad died 9 years ago! His brother created a will for hisself leaving my father in the will before my dad passed away

My uncle just died and my dad was still included in the will. But is deceAsed therefore leaving me and my brother next of kin. My uncles brother wants us to sign waiver right forms and said we have no right to anything of his and will loose. It need us to sign to waive? Help what should I do?... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 23, 2019

Do not sign anything that you do not understand. Talk to the attorney for the estate to find out the status. Then use the Find a Lawyer tab to retain a local probate attorney to answer your questions and explain your rights in the probate court.

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