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Ohio Child Custody Questions & Answers

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

Q: My ex is living with my daughter and a sex offender who was charged for being with a minor. What can I do to get her out

We have a shared parenting custody agreement in the divorce and I pay child support. He is her main source of child care since he is out of work and on house arrest. Is there any way I can become the resident parent?

Denise Rini Esq answered on Jul 18, 2019

File a Motion to Modify the Shared Parenting Plan and Motion for a Guardian ad Litem to be appointed in the Court where the divorce was granted. If you think it is an Emergency, file an Emergency Motion, though depending on the Jurist will depend how quickly you receive a hearing.

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

Q: In the state ohio if a man pays child support and the child's mother signs her rights over to her mother does she still

Can she still recieve child support for that one kid since she signed that child's right over to her mother in Florida

Denise Rini Esq answered on Jul 16, 2019

Greetings from a steamy afternoon on the North Coast. No, the child support should be directed to the person who has Legal Custody. The Child Support Enforcement Agency can assist with the necessary paperwork.

1 Answer | Asked in Child Custody for Ohio on

Q: I can petition for custody of my nephew if the County took custody?

My brother and his girlfriend lost custody of their child to the county. The baby is placed with his girlfriends brother. Can I go to court and petition for custody of the child.

Joseph Jaap answered on Jul 16, 2019

Talk to children's services to start. You could file for guardianship with the local probate court. Check the court web site for the guardianship process. Use the Find a Lawyer tab to retain a local probate attorney who handles guardianship to assist you.

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

Q: What rights does my daughters dad have, we have never been married and he has not taken me to court for rights?

My daughters dad and I have shared custody (nothing legal just an agreed upon timeframe). On my time, he constantly is calling and texting me and harrases me if I don't answer his calls. He calls/texts anywhere from 5-20 times per night. It is excessive and he gets nasty when I do not respond. I... Read more »

Joseph Jaap answered on Jul 15, 2019

If you were not married, and no court granted him parental rights, then you have sole legal custody, and you do not have to allow him any contact at all. He has no rights until the court grants him rights. If he is harassing you, you can block him. If he is not paying child support, then file... Read more »

2 Answers | Asked in Family Law and Child Custody for Ohio on

Q: I need a lawyer to help me with my case with CPS but j dnt have alot of money

I need a pro bono or payment plan

Joseph Jaap answered on Jul 15, 2019

Check with local legal aid. If they are unable to assist, then call around to various attorneys to find one who would do a payment plan.

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1 Answer | Asked in Animal / Dog Law and Child Custody for Ohio on

Q: My dog's bit the neighbor lady while she was on my property knowing that my dogs are defensive towards strangers

No one was home can she sue me for that

Joseph Jaap answered on Jul 8, 2019

Yes, she can sue you for her injury, even if she was on your property. A court would determine the extent to which you might be liable. If she does sue you, then report it to your homeowner insurance company. You might offer to pay her medical bills to avoid litigation.

1 Answer | Asked in Child Custody for Ohio on

Q: Do I have to take my kids back to their mom if there is no custody order?

My ex and I are still legally married. I pay child support but there was no custody hearing so there is no custody order. She lost her apartment and is currently living in a three bedroom mobile home that is housing, including her and my kids, 7 or 8 adults and 4 children. My daughter, 14, sleeps... Read more »

Joseph Jaap answered on Jul 8, 2019

If there is no custody order, then both parents have custody. If you keep them, then the police are not likely to get involved unless she accuses you of threats, harm, etc. Use the Find a Lawyer tab and retain a local family law attorney to review the situation and advise you.

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

Q: 8 years married, how much alimony will i be in title to in my divorce from my husband? We have two kids together as well

We have two kids together, which are 3 and 10 how much child support would i get for my kids and how does the laws fit in for a unemployed mother?

Joseph Jaap answered on Jun 27, 2019

There is no formula to determine alimony (spousal support). If the two spouses cannot agree on an amount and duration, then the court will review the income, expenses, debts, employability of someone who is unemployed, and total financial situation, and determine the amount and for how many years... Read more »

2 Answers | Asked in Immigration Law, Family Law, Child Custody and Juvenile Law for Ohio on

Q: Can a permanent resident get emancipated without fear of deportation?

I’m a minor who wants to be emancipated when I graduate at 17 and 4 months old. My father and I are permanent residents. If I can completely support myself by graduation and petition the court for emancipation, will I have a chance for them to allow it? Will I be an illegal immigrant then because... Read more »

Joseph Jaap answered on Jun 24, 2019

Ohio does not provide for emancipation in most situations. Here is more information:

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

When you turn 18, you are then legally an adult. Use the Find a...
Read more »

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

Q: My boyfriend and I have been together 3 years. Shortly after he got guardianship of his sisters 2 boys.

We are not married so my name is not on the paperwork, but for the better half of 3 years I have been their mom. They call me mom. I am the only one who works, he lives off the money the state provides him. I am the one who does 90% of everything for those boys. My boyfriend and I are not working... Read more »

Joseph Jaap answered on Jun 19, 2019

Unfortunately, you currently have no legal standing in relation to those boys. If your boyfriend is unfit, you could petition to have him removed as guardian and you be appointed their guardian instead. Otherwise, if you and he separate, he would determine when and if you can continue to spend... Read more »

1 Answer | Asked in Child Custody for Ohio on

Q: I was arrested for a warrant for a traffic ticket no adults were left in the house state took custody.

Matthew Williams answered on Jun 18, 2019

You really ought to hire an attorney.

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

Q: I've raised my child over the past 5 years, recently awarded temp custody. DNA now shows I am not the father, now what

The DNA test was not court ordered but matches the other person. I provide shelter, medical, religious education and practices, enrolled in school, have reliable day care, and all financial support. I also wish to continue to be in my child's life moving forward. What are my rights

Joseph Jaap answered on Jun 12, 2019

The actual father might file for parental rights, and the court would then review the entire situation with father, mother, and you, and determine what is in the best interest of the child. Use the Find a Lawyer tab to retain a local family law attorney who can review the situation, advise you of... Read more »

1 Answer | Asked in Child Custody for Ohio on

Q: My parents are being given legal custody of my first born in Aug. I am pregnant with my second, due in Dec. Will the

case be closed against me after legal custody is given to my parents? Will CSB open a case against me with new baby if prior case does close once custody is given to my parents?

Joseph Jaap answered on Jun 10, 2019

There is no way to predict. It depends on all the facts and circumstances. But if the circumstances causing the removal of your first child are still present, then it is likely the same thing will happen with the second.

1 Answer | Asked in Adoption and Child Custody for Ohio on

Q: What ALL has to be done for me to get custody of my kid back after I signed adoption papers over to my parents?

My parents fought for the adoption because I was an ex drug addict and they thought i was still using when i wasnt.. I have been clean for 2 and a half years now and would be absolutely willing to take a drug test to prove that. My daughter is almost 4 years old. My mother gave me no option but to... Read more »

Joseph Jaap answered on Jun 10, 2019

That question is much too complicated to answer on-line. You will need to retain an attorney to review all the facts and circumstances, and advise you what actions you would have to take. Use the Find a Lawyer tab to retain a local attorney.

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

Q: Why would he have to pay child support when he has the kids more than she does?

My boyfriend has to go to a hearing with his ex wife to determine child support but we have his son through the week and she has the weekends, On the weekdays she is going out on dates, taking her self out, etc. Will the court look at that to determine child support? Will he have to pay if he has... Read more »

Denise Rini Esq answered on Jun 7, 2019

Greetings from a bright and sunny Friday morning. The Court will take into consideration time spent for child support purposes, though the Father should also file a Motion for Legal Custody and curtail the Mother's parenting time.

2 Answers | Asked in Child Custody for Ohio on

Q: How can one relative transfer custody of a child to another relative. Neither are the parents. Both agree.

My sister in law has custody of our Niece. Her mother lost custody due to drugs and neglect. I’d like to get custody of my niece so she could have a more stable permanent home. My sister in law and I both agree that would be best for our niece.

Joseph Jaap answered on Jun 6, 2019

Whatever court granted custody, must approve any change in custody. Use the Find a Lawyer tab to retain a local family law attorney to review the facts and represent you.

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

Q: My brother and his wife are legal guardians of my oldest son. As his biological mother what rights do I still have when

It comes to my son? For example am I still allowed to take my son to the Hospital or take him to an appointment with a physician? If anyone could help me l would appreciate it so much. Thank you !

Denise Rini Esq answered on Jun 4, 2019

Greetings from the North Coast. Under the statute you have Residual Parental Rights and Responsibilities. You should not take your child to the hospital or doctor for a routine healthcare issue without cooperation from the Legal Guardians, though you absolutely have a right to be present and have... Read more »

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

Q: Exhusband filed parentage and visitation after 6 years of no contact. Failed to put he has a domestic violence charge.

Anyway to stop proceedings due to incomplete paperwork filed by other party?

Joseph Jaap answered on Jun 3, 2019

The court process will proceed. If he has filed with the court, then the court will set a time for the hearing that you can attend and offer testimony and evidence, such as police records. The court might or might not allow the children to testify. But you would be prudent to retain a local... Read more »

1 Answer | Asked in Child Custody for Ohio on

Q: How can a Child of 11 years old choose to live with his grandparent in the state of Ohio?

Parent continually misleads the child. Places no value on education. Deficient on maintaining healthcare as the child has severe allergies. Does not take the child to scheduled physical and mental appointments as the child suffers from PTSD. Favors younger daughter in all instances. Taunting and... Read more »

Denise Rini Esq answered on May 28, 2019

The child cannot choose, the Parties can agree or pursuant to 3109.051, a Motion for Legal Custody can be filed in the Juvenile Court where you reside. Any person that has a relationship to the child may file and most jurisdictions have forms on line.

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

Q: Can I legally leave my 5 and 8yr old home alone for a short period? (OH)

For 1 1/2 hrs or less? Are there specific guidelines or codes for what is exeptable? They know safety rules and have a phone.

Denise Rini Esq answered on May 25, 2019

There is no official age that children can be left alone, though it is my experience, depending on the jurisdiction, where the police will have the authority to determine if it rises to the level of child endangering. You may wish to err on the side of caution and not leave an 8-year old with a... Read more »

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